January 31st, 2018
Louisiana Supreme Court Opinions
Carver v. Louisiana Dept. of Pub. Safety
Opinion Date: January 30, 2018
Judge: Marcus R. Clark
Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law
The issue this case presented for the Louisiana Supreme Court’s review centered on the constitutionality of La. R.S. 32:667, particularly paragraphs La. R.S. 32:667 (H)(3) and (I)(1)(a). Plaintiff David Carver was arrested for driving while intoxicated (DWI) pursuant to La. R.S. 14:98. Plaintiff refused to submit to a chemical test for intoxication and his license was suspended for 180 days. The arrest did not result in a conviction, as Plaintiff participated in a pre-trial diversion program. Plaintiff alleged La. R.S. 32:667 (H)(3) and (I)(1)(a) violated the Due Process Clauses of the United States and Louisiana Constitutions. Following the District Court’s finding that the paragraphs violated the Due Process Clauses, the Department of Public Safety and Corrections, Office of Motor Vehicles (the State) directly appealed that finding to the Supreme Court. After review, the Supreme Court found that the applicable paragraphs did not violate the Due Process Clauses of the United States and Louisiana Constitutions. Thus, the Court reversed the District Court’s judgment of unconstitutionality and remanded this case for further proceedings.
Leave a Reply.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm