Louisiana Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Louisiana or Court of Appeals of Louisiana where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Barnard - 5/14/2003
The defendant in this case was stopped for a minor traffic violation and determined during the stop to be intoxicated. He pled guilty to one count of driving while intoxicated, fourth offense, La. R.S. 14:98(E), preserving his right to...
Toston v. Pardon - 5/14/2003
This intersectional auto collision presents issues concerning the state's duty to maintain the intersection free of sight obstructions and the duty of the driver to stop in response to the posted stop sign. The driver made a stop...
State v. Gardner - 4/30/2003
PUBLISHED
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
Defendant, Thomas L. Gardner, is charged with first degree murder, a violation of La.R.S. 14:30. On August 5, 2002, Defendant filed a motion for...
State v. Self - 4/9/2003
The defendant, Billy Ray Self, was charged by bill of information with driving while intoxicated, third offense ("DWI-3rd"), a violation of LSA-R.S. 14:98. After a jury trial, the defendant was found guilty as charged. The trial court...
State v. Vu - 4/8/2003
SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS
Defendant appeals his adjudication and sentence as a fourth felony offender. For the following reasons, we vacate the sentence and remand for further proceedings.
STATEMENT...
State v. Gaddis - 3/14/2003
By grand jury indictment, Lonzette K. Gaddis ("Gaddis") was originally charged with second degree murder and convicted of the responsive verdict of manslaughter. Gaddis received a life sentence after his adjudication as a fourth-felony...
State v. Feaster - 3/5/2003
Following a serious traffic accident, the defendant in this criminal case pled guilty to one count of DWI, third offense, and two counts of first degree vehicular negligent injuring. He was sentenced to five years imprisonment at hard...
State v. Lokey - 2/25/2003
CONVICTION CONDITIONALLY AFFIRMED; SENTENCE VACATED AND EVIDENTIARY HEARING ORDERED, REMANDED FOR RESENTENCING, IF APPROPRIATE.
The Defendant, Paul C. Lokey, appeals from the sentence after conviction of one count of driving...
State v. Eppinette - 2/11/2003
Defendant, Kevin Eppinette, pled guilty to driving while intoxicated, third offense, a violation of La.R.S. 14:98, with an agreed upon sentence; however, he reserved his right to appeal the denial of his pretrial motion to suppress in...
State v. Day - 2/5/2003
AFFIRMED.
In this case, the defendant, Robert Paul Day, pled guilty to cultivation of marijuana in violation of La.R.S. 40:966(A)(1). He was sentenced to serve five years at hard labor without benefit of probation, parole, or...
State v. Joseph - 1/29/2003
The defendant, Billy Ray Joseph, was found guilty as charged of driving while intoxicated, third offense. He argues on appeal that the evidence was insufficient to prove that he operated a vehicle while under the influence of alcohol....
State v. Wilson - 12/18/2002
AFFIRMED IN PART; SENTENCE VACATED; AND REMANDED.
Defendant, Eugene Wilson, is once again before this court. Previously, Defendant challenged his convictions and sentences for theft and forgery. State v. Wilson, 01-625 (La.App. 3...
State v. Meredith - 12/11/2002
John McKeithen Meredith ("Meredith") pled guilty to third offense driving while intoxicated, La. R.S. 14:98, reserving his right to appeal the denial of a motion to suppress in accordance with State v. Crosby, 338 So. 2d 584 (La....
State v. Jones - 12/11/2002
REVERSED AND RENDERED.
FACTS
Jarmaine Jones was involved in a one-car accident in the City of Opelousas on November 19, 2000. He was cited for first-offense DWI in violation of La.R.S. 14:98, driving without a license in...
State v. Paddio - 12/11/2002
AFFIRMED.
The Defendant, Susie Paddio, was charged by grand jury indictment dated November 17, 1999, with the offense of second degree murder, a violation of Louisiana Revised Statute 14:30.1. On November 27, 2001, the Defendant...
State v. Cedars - 12/11/2002
CONVICTIONS AFFIRMED; SENTENCE FOR VEHICULAR NEGLIGENT INJURING AFFIRMED; SENTENCE FOR VEHICULAR HOMICIDE VACATED AND REMANDED FOR RESENTENCING.
The trial court convicted Mr. Cedars of vehicular homicide and sentenced him to...
State v. Prater - 12/11/2002
CONVICTION AND SENTENCE VACATED; CASE REMANDED.
The Defendant, Wayne Jasper Prater, was charged by bill of information with driving while intoxicated, third offense, a violation of La.R.S. 14:98. Under a separate docket number,...
State v. Perez - 11/26/2002
DALEY, J. DISSENTS WITH REASONS
JUDGMENT VACATED; REMANDED
The State of Louisiana appeals from a trial court's ruling that granted defendant, Jose Perez's, Motion To Quash the bill of information. For the following reasons,...
State v. Odle - 11/13/2002
COOKS, J., dissents with written reasons.
AFFIRMED AND REMANDED WITH INSTRUCTIONS.
The defendants, David Emanuel Odle and Andre Ricardo Shaw, were both convicted of attempted possession of cocaine (over 400 grams), in...
State v. Conner - 11/13/2002
EDWARDS, J., DISSENTS
CONVICTION AND SENTENCE AFFIRMED.
On September 1, 1999, the Jefferson Parish District Attorney filed a bill of information charging defendant, Patrick Conner, with fifth- offense operating a vehicle...
Wingfield v. State ex rel Dep't of Transportation and Development - 11/8/2002
Gaidry J. agrees and assigns additional reasons.
On August 6, 1994, Mr. Kenneth Clark and his step-father, Mr. Jack Ray Wingfield, both commercial truck drivers, were hauling a load of cattle from Florida to Arizona via...
State v. Brister - 10/30/2002
CONVICTION AFFIRMED; SENTENCE VACATED; AND REMANDED FOR RE-SENTENCING
James E. Brister, the Defendant in this case, was charged with one count of driving while intoxicated, third offense. He appeals his sentence of five years at...
State v. Breland - 9/27/2002
The defendant, Cedric Breland, Jr., was charged by bill of information with one count of third offense driving while intoxicated (DWI), a violation of LSAR.S. 14:98. The predicate offenses alleged were a November 27, 1996 guilty plea...
State v. Drane - 9/18/2002
Defendants, Steve Drane and Terri Haralson, were charged with production or manufacture of methamphetamine, a violation of La. R.S. 40:967(A)(1). Defendants were tried by a jury and convicted as charged. Both Defendants were sentenced...
State v. Nelson - 8/14/2002
Floyd Nelson ("Nelson") pled guilty as charged to one count of DWI, fourth offense, La. R.S. 14:98(E). The trial court suspended all but two years of the imposed minimum sentence of ten years, ordered the two years to be served without...
State v. Mayeux - 6/21/2002
During the 2001 Regular Session, in an effort to address the societal costs of drunken driving and a high per capita prison population, the Louisiana Legislature amended the sentencing provisions of several criminal statutes, which...
State v. Sugasti - 6/21/2002
Certiorari was granted in this matter to determine whether legislative changes reducing sentencing provisions for certain offenses should be applied to offenses committed prior to the effective date of the statute when the defendant is...
State v. Withers - 6/12/2002
The state charged defendant, Gerald Withers, with D.W.I.-third offense, a violation of La.R.S. 14:98(D), punishable at the time of the offense, July 17, 1999, by imprisonment at hard labor for not less than one year nor more than five...
State v. Kerwin - 5/15/2002
AFFIRMED.
The Defendant, Lawrence Kerwin, appeals his conviction by guilty plea of third-offense driving while intoxicated (DWI) in violation of La.R.S. 14:98D. We affirm.
The Defendant was charged with the offense on...
State v. Benoit - 5/14/2002
Defendant, Tenna Benoit, Jr., was stopped by a Jefferson Parish Sheriff's Deputy after he was observed operating his vehicle without wearing a safety belt, in violation of La. Rev. Stat. 32:295.1. Defendant displayed signs of...
State v. Simard - 4/30/2002
AFFIRMED AND REMANDED
Defendant, Louis Simard, appeals his conviction and sentence of third offense of driving while intoxicated pursuant to LSA-R.S. 14:98D. He was convicted after a trial by the bench. Defendant was subsequently...
State v. Paoli - 4/11/2002
Guidry, J. dissents and assigns reasons.
Pettigrew, J. dissents for constitutional reasons and for the reasons assigned by Judge Guidry.
Kuhn, J. concurs.
We consider this matter en banc to resolve a conflict within...
State v. Allien - 4/3/2002
The defendant was convicted of operating a vehicle while intoxicated, third offense. The defendant appeals his sentence arguing that it is excessive. We affirm.
Factual and Procedural Background
On December 5, 2000, Dale...
McGrail v. Lee - 4/3/2002
The plaintiffs, Michael McGrail, James McGrail and Sandra McGrail, children of the decedent Margaret Winters, and the defendants, Jessie Lee, Mitchell Transportation Services, Inc., Clarendon National Insurance Company and RLI...
Petre v. Dept. of Transportation and Development - 4/3/2002
We granted this writ to consider whether, because of unreasonably dangerous defects in La. Hwy. 107, the Department of Transportation and Development (DOTD) can be held liable for damages sustained in a single car accident, when the...
State v. Payton - 3/15/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS
We granted the State's writ application to determine whether the court of appeal erred in finding the State failed to prove beyond a reasonable doubt...
Bordelon v. Sayer - 3/13/2002
WOODARD, J., dissents and assigns written reasons.
AMY, J., concurs in part and dissents in part and assigns written reasons.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Mrs. Jaime Bordelon and Mr. Tommy Sayer...
State v. Hight - 3/1/2002
Defendant was convicted of violating La. R.S. 14:98, Driving While Intoxicated, Third Offense and sentenced to eighteen months at hard labor, with all but six months suspended, the six months to be served without benefits. The...
State v. Bowen - 12/26/2001
AFFIRMED
Defendant/ Appellant, William Bowen, appeals his conviction for a 4th offense operation of a motor vehicle while intoxicated. Bowen asserts that the trial court erred in restricting the scope of his cross-examination of...
State v. Williams - 11/28/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
We granted this writ application to consider the retroactivity and scope of LA. REV. STAT. ANN. § 15:301.1, including the limits it purports...
State v. Pierce - 10/31/2001
AFFIRMED IN PART; REVERSED AND SENTENCE VACATED IN PART.
DOUCET, Chief Judge
The Defendant, James Pierce, appeals his conviction for driving while intoxicated, third offense, two counts of manslaughter, and one count of...
State v. Munholland - 10/12/2001
The defendant, Jerry Munholland, pled guilty to driving while intoxicated ("DWI"), third offense, a violation of LSA-R.S. 14:98. Thereafter, defendant was sentenced to serve three years imprisonment at hard labor. The defendant now...
State v. Craft - 10/3/2001
AFFIRMED AND VACATED IN PART.
The Defendant, William Jeffery Craft, seeks review of his convictions and sentences for possession of controlled dangerous substances, schedules II and IV, violations of La.R.S. 40:967(C) and...
State v. Elledge - 10/3/2001
REVERSED, RENDERED, AND REMANDED.
The defendant was charged with driving while intoxicated, fourth offense. He filed a motion to quash alleging that one or more of his prior convictions for driving while intoxicated was invalid...
State v. Boyle - 9/17/2001
PEATROSS, J., dissents with written reasons.
The defendant, James Andrew Boyle, was charged by bill of information with driving while intoxicated ("DWI"), 3rd offense, a violation of LSA-R.S. 14:98. The defendant's motion to...
State v. Rodrigue - 8/28/2001
REVERSED AND REMANDED.
The State of Louisiana appeals a ruling by the trial court which granted the defendant's motion to quash the bill of information charging him with driving while intoxicated, third offense. For the reasons...
Henry v. State - 6/27/2001
REVERSED AND REMANDED.
YELVERTON, J.
Louisiana Revised Statute 32:667 provides for suspension of driving privileges for refusing to submit to a chemical test for intoxication after a person has been placed under arrest for...
State v. Lowry - 6/27/2001
JUDGMENT ON MOTION TO QUASH REVERSED; REMANDED.
STATEMENT OF THE CASE
Defendant, Lee Roy Lowry, was charged on September 22, 1999, in a bill of information with third offense driving while intoxicated (DWI), in violation of...
State v. Barlow - 6/27/2001
Peters, J., dissents and assigns written reasons.
AFFIRMED.
YELVERTON, J.
Defendant, Richard D. Barlow, pled guilty to operating a vehicle while intoxicated, a violation of Louisiana Revised Statute 14:98. He also...
State v. Brockwell - 6/22/2001
The defendant, Katherine A. Brockwell, was charged with one count of third offense driving while intoxicated, a violation of LSA-R.S. 14:98. Following the denial of her motion to quash, the defendant pled guilty, reserving her right to...
Pike v. National Union Fire Insurance Co. - 6/22/2001
Plaintiffs appeal from a judgment of the trial court granting a motion for partial summary judgment in favor of defendant, dismissing plaintiffs' claims for punitive and exemplary damages. For the reasons that follow, we affirm. ...
State v. Foy - 6/22/2001
Defendant Jerry W. Foy was charged by bill of information (#297922 "A") with driving while intoxicated (DWI), fourth offense, a violation of LSA-R.S. 14:98.
The trial court denied defendant's motion styled as a "Motion to Quash...
State v. Barber - 6/20/2001
The defendant, August Urban Barber a/k/a Troy Dean Lunsford, appeals as excessive his sentence to five years at hard labor for battery of a police officer, a violation of La. R.S. 14:34.2. For the following reasons, we affirm the...
Billings v. State ex rel Dep't of Transportation and Development - 6/13/2001
AFFIRMED.
This matter is an appeal from the jury's finding that the State of Louisiana, through the Department of Transportation and Development (DOTD) was not at fault in the death of Mr. David Billings. For the reasons that...
State v. Raffray - 6/6/2001
MARC T. AMY JUDGE
As the result of a plea agreement, the defendant entered a guilty plea to the charge of hit and run following an accident that injured four occupants of the other vehicle involved in the collision. He was...
State v. Kezerle - 6/6/2001
OSWALD A. DECUIR JUDGE
AFFIRMED.
As a result of a tragic automobile accident on January 28, 2000, the Defendant, Anthony Kezerle, was charged with one count of driving while intoxicated, third offense, and one count of...
State v. Edwards - 6/1/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF BATON ROUGE
Norman Edwards was convicted in the 19th Judicial District Court, Parish of East Baton Rouge, of driving while intoxicated (DWI), third offense,...
State v. Berkeley - 5/30/2001
CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.
STATEMENT OF THE CASE
On June 3, 1998, the Jefferson Parish District Attorney filed a bill of information charging defendant, Augustus J. Berkeley, with first degree...
State v. Oxley - 5/16/2001
AFFIRMED.
FACTS
On January 19, 1999, Eddie Carnline was found dead in his home. The autopsy determined he died the evening before as the result of a single gunshot wound to the head by a small caliber weapon.
On...
State v. O'Reilly - 5/15/2001
ON APPEAL FROM THE 22ND JUDICIAL DISTRICT COURT FOR THE PARISH OF ST. TAMMANY HONORABLE ROBERT L. LOBRANO, JUDGE AD HOC
At issue in this direct appeal is the constitutionality of that portion of La. R.S. 13:719 which authorizes...
State v. Alcazar - 5/15/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF JEFFERSON
This writ concerns whether compliance with LA. REV. STAT. §§ 32:661(C)(1) and 32:666(A), in particular the requirement that prior to testing the...
State v. Brice - 5/11/2001
Judge Ian W. Claiborne, Retired, serving Pro Tempore by special appointment by the Louisiana Supreme Court.
FOGG, J. dissents and assigns reasons.
The defendant, Linnette Marie Brice, was charged by grand jury indictment...
State v. Henry - 5/11/2001
The defendant, Randean Henry, was charged by bill of information with one count of fourth offense driving while intoxicated, a violation of LSA-R.S. 14:98. He pled not guilty and filed a motion to quash the bill of information, but the...
State v. P.M. - 5/2/2001
AFFIRMED.
DECUIR, Judge.
Defendant, P.M., was charged by Bill of Information with two counts of aggravated second degree battery under La.R.S. 14:34.7, two counts of simple battery under La.R.S. 14:35, and one count of...
State v. Anderson - 3/28/2001
Defendant, Bert C. Anderson III, was charged by bill of information with operating a watercraft while under the influence of alcohol (DWI) fourth offense, a violation of LSA-R.S. 14:98. He pled not guilty and filed a motion to quash...
State v. Bourgeois - 3/14/2001
AFFIRMED.
STATEMENT OF THE CASE
On November 18, 1999, the Jefferson Parish District Attorney's Office filed a bill of information charging defendant, Anthony G. Bourgeois, with third-offense driving while intoxicated...
State v. Fox - 3/14/2001
CONVICTION AND SENTENCE AFFIRMED
Defendant, Jonathan A. Fox, here appeals his conviction for third offense DWI. For the reasons that follow, we affirm Defendant's conviction and sentence.
STATEMENT OF THE CASE ...
State v. Spencer - 2/28/2001
JIMMIE C. PETERS JUDGE
SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.
Amy, J., dissents.
The defendant, Winifred T. Spencer, is before this court a second time, complaining of the manner in which the trial court...
State v. Marler - 2/16/2001
Defendant, Randall Marler, was charged by bill of information with driving while intoxicated (DWI), fourth offense, in violation of La. R.S. 14:98. After the denial of defendant's motion to suppress physical evidence and oral...
State v. Brooks - 1/31/2001
AFFIRMED.
The defendant, Gary Brooks, appeals his conviction for possession of a controlled dangerous substance (cocaine) claiming that the trial court erred in failing to suppress certain evidence seized when he was arrested....
State v. Theriot - 1/30/2001
CONVICTION AFFIRMED; SENTENCE VACATED IN PART; CASE REMANDED WITH INSTRUCTIONS
This Crosby appeal on behalf of Robert L. Theriot, Defendant, arises from a guilty plea for third offense, driving while intoxicated (DWI-3),...
Petre v. State of Lousiana - 12/29/2000
AFFIRMED.
These consolidated personal injury and wrongful death claims arise from a one-vehicle accident which occurred in Avoyelles Parish, Louisiana, at approximately 9:20 p.m. on September 1, 1992. In that accident, Lajuana B....
State v. Kreger - 12/22/2000
Defendant, Betty Jo A Kreger, was charged with driving while intoxicated (DWI), third offense, a violation of LSA-R.S. 14:98D She filed a motion to quash, arguing that the transcripts of the Boykin examinations in the predicate guilty...
State v. Turner - 12/22/2000
Whipple, J. concurs
Defendant, Douglas L. Turner, Jr. was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of La. R.S. 14:98. He pled not guilty and the matter was set for trial. He...
State v. Foster - 12/20/2000
Defendant was charged with driving while intoxicated ("DWI"), fourth offense, a violation of La. R.S. 14:98, and pled guilty to a reduced charge of DWI third offense. The trial court imposed a sentence of five years at hard labor,...
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