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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In re Adoption of EHM - 12/15/2000
EHM was born October 31, 1999, in St. Tammany Parish. On March 30, 2000, his mother, TLM, voluntarily surrendered her parental rights so EHM could be adopted. EHM's biological father, ACM, legally opposed the adoption. Because ACM is...
In re Adoption of A.P.C. - 12/13/2000
AFFIRMED.
This appeal arises in a proceeding to adopt twin male children. The children's biological father seeks review of a judgment that terminated his parental rights. We affirm.
The children, A.P.C. and R.C.C., were...
State v. Nelson - 12/6/2000
Application for rehearing may be filed within the delay allowed by art. 922, La. C.Cr.P.
A unanimous jury convicted Emmie Petty Nelson ("Nelson"), as charged, of second degree murder, La. R.S. 14:30.1. The trial court sentenced...
State v. Pendleton - 11/28/2000
REVERSED IN PART; VACATED IN PART; REMANDED.
In this matter, defendant, Ray A. Pendleton, was charged by bill of information with driving while intoxicated, third offense (DWI-3), occurring on or about December 11, 1998. The...
State v. Callegari - 11/2/2000
CONVICTION AFFIRMED; SENTENCE AMENDED.
DOUCET, Chief Judge.
The Defendant, Terrell Callegari, was charged by bill of information filed October 13, 1998, with attempted second-degree murder of Herbert Fulton, in violation of...
State v. Loupe - 8/29/2000
CONVICTION AND SENTENCE AFFIRMED; REMANDED.
On February 5, 1999, defendant, Kirk Loupe, was charged by bill of information with driving while intoxicated, fourth offense (DWI-4), in violation of La. R.S. 14:98. Defendant pled not...
Walker v. State Farm Mutual Automobile Insurance Company - 8/25/2000
As amended November 3, 2000. There is no change in the judgment.
Following an automobile accident in which their father was killed in a vehicle driven by their mother, the minor children instituted this wrongful death and...
Walker v. State Farm Mutual Automobile Insurance Co. - 8/25/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Following an automobile accident in which their father was killed in a vehicle driven by their mother, the minor children instituted this...
State v - 6/27/2000
Court composed of Judges Charles Grisbaum, Jr., Marion F. Edwards and Clarence E. McManus
MOTION TO QUASH SET ASIDE, GUILTY PLEA VACATED; CONVICTION AND SENTENCE SET ASIDE; REMANDED FOR FURTHER PROCEEDINGS.
In this appeal,...
Gullette v. Caldwell - 6/21/2000
Judgment rendered June 21, 2000. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Donald Ray and Cindy Gullette ("plaintiffs") appeal the trial court summary judgment in favor of the...
Deal v. Monroe Municipal Fire - 6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
The plaintiff, Karl Deal, appeals a judgment affirming the decision of the Monroe Municipal Fire and...
State v. Carr - 5/26/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
Defendant John Carr was charged with violating La. R.S. 14:98, Operating a Vehicle While Intoxicated, after police arrested him for riding his...
State v. Gardette - 5/17/2000
REVERSED AND REMANDED.
The State appeals the district court's ruling which granted the defendant's motion to quash the bill of information in this prosecution for driving while intoxicated, third offense. We reverse and remand. ...
State v. Ferris - 5/16/2000
ON APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE, HONORABLE PRESTON N. AUCOIN, JUDGE
This is a direct appeal from a judgment of the district court that declared unconstitutional La. Rev. Stat. 14:98.1,...
State v. Phillips - 5/12/2000
Vincent E. Phillips (defendant) was charged by bill of information with third- offense driving while intoxicated (DWI), La. R.S. 14:98, occurring on April 7, 1998. The State alleged the two predicate convictions were entered in Slidell...
Branan v. AllState Insurance Company - 4/25/2000
Panel composed of Judges Charles Grisbaum, Sol Gothard and Thomas F. Daley
JUDGMENT AMENDED AND AS AMENDED; AFFIRMED
Defendants, Lawrence Russon and his insurer, Allstate Insurance Company (Allstate), appeal a judgment by...
State v. Barron - 4/5/2000
Application for rehearing may be filed within the delay allowed by Art. 922, LSA-CCrP.
The defendant, Thomas J. Barron, was charged with driving while intoxicated (DWI), fourth offense, a violation of La. R.S. 14:98. The...
Masters v. Masters - 4/5/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
The plaintiff, Christy Dyan Lowe Masters, appeals the trial court's judgment which modified a prior custody decree and designated the...
State v. Olivier - 3/31/2000
Defendant, Jerry Emmett Olivier, was charged by bill of information with third offense driving while intoxicated (DWI), a violation of La. R.S. 14:98. After trial by jury, defendant was found guilty as charged. The trial court...
State v. Marcantel - 3/1/2000
AFFIRMED IN PART, VACATED IN PART, AND REMANDED, SAUNDERS, JUDGE.
A jury convicted Steve M. Marcantel of theft and seven counts of possession of a firearm by a convicted felon. The trial judge denied a motion for a new trial....
State v. Fitch - 3/1/2000
Application for rehearing may be filed within the delay allowed by art. 922, La. C.Cr.P.
The defendant, Gene Fitch, Sr., was charged by bill of information with driving while intoxicated (DWI), third offense. After his motion to...
State v. McDonald - 3/1/2000
Application for rehearing may be filed within the delay allowed by Art. 922, LSA-CCrP.
Frank McDonald was convicted of one count of DWI fourth offense, a violation of La. R.S. 14:98, and received a sentence of ten years at hard...
State v. Stewart - 3/1/2000
Application for rehearing may be filed within the delay allowed by art. 922, La. C.Cr.P.
On January 4, 1999, Defendant, Brian V. Stewart, was charged by bill of information with driving while intoxicated-third offense (DWI-3rd)....
State v. Manning - 2/29/2000
REVERSED AND REMANDED
The sole issue presented in this appeal is whether the trial court erred in denying the defendant's motion to quash the bill of information. For the reasons set forth herein, we reverse the judgment of the...
State v. Brewster - 2/18/2000
Martin E. Coady, Chief Judge On behalf of the judges of the Covington, LA 22nd Judicial District Court
Scott B. Brewster was charged by bill of information with one count of driving while intoxicated (DWI), La. R.S. 14:98, and...
State v. Cadiere - 2/18/2000
The defendant, Godfrey J. Cadiere, Jr., was charged by grand jury indictment with one count of fourth offense driving while intoxicated (DWI), a violation of LSA-R.S. 14:98. This offense allegedly occurred on June 26, 1997. The...
Greenlee v. State - 2/18/2000
This is an appeal by the State of Louisiana, through the Department of Transportation and Development (DOTD) from a judgment assessing it thirty-five percent fault in a single vehicle automobile accident.
FACTS
On July 26,...
State v. Edwards - 2/18/2000
Norman Edwards (defendant) was charged by bill of information with driving while intoxicated (DWI), third offense. La. R.S. 14:98. He pled guilty and, after a Boykin hearing, the court accepted his guilty plea, reserving his right to...
State v. Boudreuax - 2/16/2000
AFFIRMED
In this criminal appeal, the State appeals a decision by the trial court which granted a defense motion to quash an indictment which charged the defendant, Ray Boudreaux, with a third offense of operating a vehicle while...
State v. LeBoeuf - 2/16/2000
CONVICTION AND SENTENCE VACATED; REMANDED.
Defendant, Nicholas LeBoeuf, appeals from his conviction and sentence for First Degree Negligent Injury. We vacate the conviction and sentence and remand.
Defendant was charged...
Robertson v. State - 12/10/1999
Judgment rendered December 10, 1999. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Honorable Cynthia T. Woodard, Judge
PUBLISHED APPENDIX ATTACHED
BROWN, J., dissents with...
Minkler v. Chumley - 12/8/1999
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Plaintiff, Ronald D. Minkler, appeals a judgment dismissing his claims against Defendant, Gary Chumley, as parent and legal guardian of his...
State v. Herrington - 12/8/1999
Honorable Glen W. Strong, Judge
The defendant, Eddie Herrington, appeals as excessive his sentence to ten years at hard labor, following his plea of guilty to aggravated battery. We affirm the conviction and sentence.
FACTS...
State v. Moten - 11/30/1999
AFFIRMED
The sole issue presented in this appeal is whether the trial court erred in granting the defendant's motion to quash the bill of information. For the reasons set forth herein, we affirm the ruling of the trial court. ...
State v. Barbier - 11/29/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF LAFOURCHE
We granted writs in this matter to determine whether the 1995 legislative amendment to the compulsory safety belt law, La. Rev. Stat. Ann. 32:295.1,...
State v. Pelas - 11/5/1999
The defendant, Mark A. Pelas, was charged by bill of information with one count of third offense driving while intoxicated, a violation of La. R.S. 14:98. He moved to quash the bill of information. The motion was denied and he pled...
State v. Blackmon - 11/3/1999
The defendant entered guilty pleas to charges of vehicular homicide and first offense driving while intoxicated. For the vehicular homicide conviction, he was sentenced to fifteen years at hard labor without the benefit of probation,...
State v. Poland - 10/27/1999
Application for rehearing may be filed within the delay allowed by art. 922, La. C.Cr.P.
WILLIAMS, J., Dissents and assigns written reasons.
The defendant, Charles O. Poland, appeals his conviction and sentence for...
State v. Ballard - 10/19/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF LIVINGSTON
In the prosecution of defendant for a third offense D.W.I. in Livingston Parish, the trial court denied the defendant's challenge for cause of a...
State v. Broadway - 10/19/1999
On Appeal From the Nineteenth Judicial District Court for the Parish of East Baton Rouge, Honorable Ralph E. Tyson, Judge
This is a direct appeal from a conviction of first degree murder and a sentence of death. La. Const. art....
Hardy v. Bowie - 9/8/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL , THIRD CIRCUIT, PARISH OF LAFAYETTE
At issue in this case is whether the public duty doctrine applies to insulate the City of Lafayette from liability where the Lafayette Police...
Cormier v. Comeaux - 7/7/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ACADIA
We granted a writ to determine if a highway constructed in 1931 contains unreasonably hazardous defects such that liability should be imposed on the...
State v. Carlos - 7/7/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF TERREBONNE
We granted certiorari to decide whether the burden-shifting principles delineated in State v. Shelton, 621 So. 2d 769 (La. 1993), should be...
State v. Ferris - 5/18/1999
STATE v. FERRIS, 98-2442 (La. 5/18/99); ___ So.2d ___
APPEAL FROM THIRTEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF EVANGELINE, STATE OF LOUISIANA, HONORABLE PRESTON N. AUCOIN, JUDGE.
Defendant Joseph D. Ferris was...
Long v. Dossett - 4/28/1999
LONG v. DOSSETT, 98-1160 (La.App. 3 Cir. 4/28/99); ___ So.2d ___
This appeal arises from a child custody proceeding wherein the lower court rendered judgment in favor of the mother of her minor child. Winter Jade Long is the...
State v. Byes - 4/21/1999
STATE v. BYES, 97-1876 (La.App. 4 Cir. 4/21/99); ___ So.2d ___
On June 4, 1987, defendant was indicted on one count of second degree murder, and he pleaded not guilty. On January 20, 1988, he was tried by a twelve-member jury...
State v. Brooks - 4/15/1999
STATE v. BROOKS, 98 1151 (La.App. 1 Cir. 4/15/99); ___ So.2d ___
Defendant, Joseph Brooks was charged by indictment with second degree murder of Michael Rowe (Rowe) in violation of La.R.S. 14:30.1. He entered a plea of not...
State v. Rossi - 4/14/1999
STATE v. ROSSI, 98-1253 (La.App. 5 Cir. 4/14/99); ___ So.2d ___
Defendant was convicted of driving while intoxicated in violation of LSA-R.S. 14:98. The statute does not require proof that the defendant was driving a vehicle, and...
State v. Rodrigue - 4/13/1999
STATE v. RODRIGUE, 98-1558 (La. 4/13/99); ___ So.2d ___
* The court of appeal opinion and some other documents refer to defendant as Brenda Rodrique.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF...
State v. Castleberry - 4/13/1999
STATE v. CASTLEBERRY, 98-1388 (La. 4/13/99); ___ So.2d ___
APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF ST. LANDRY, HONORABLE ROBERT BRINKMAN, JUDGE
* Calogero, Chief Justice, not on panel. Rule...
State v. May - 4/1/1999
STATE v. MAY, 98 1136 (La.App. 1 Cir. 4/1/99); ___ So.2d ___
The defendant, Adam Joseph May, was charged by bill of information with fourth offense driving while intoxicated, a violation of LSA-R.S. 14:98. He pled guilty and was...
Dubroc v. State - 3/31/1999
The State of Louisiana, Department of Public Safety and Corrections (DPSC) appeals a judgment of the trial court granting Plaintiff, Bryan Dubroc, a restricted driver's license due to reasons of economic hardship. We reverse the...
Edwards v. Daugherty - 3/10/1999
EDWARDS v. DAUGHERTY, 97-1542 (La.App. 3 Cir. 3/10/99)
Rehearing Denied April 14, 1999.
On December 22, 1993, Sissy Woodard was traveling south on Davis Road just north of Westlake, Louisiana. When Sissy stopped in the...
State v. Smiley - 3/3/1999
STATE v. SMILEY, 99-0065 (La.App. 4 Cir. 3/3/99); ___ So.2d ___
The prosecution invokes our supervisory jurisdiction in order to determine whether the trial court erred when it granted a motion to suppress the evidence. After...
State v. Sepulvado - 3/3/1999
STATE v. SEPULVADO, 98-1427 (La.App. 3 Cir. 3/3/99); ___ So.2d ___
The Defendant, Doyle Alphonso Sepulvado, was arrested on or about April 27, 1997, in connection with the beating of Jane Bullock. On May 22, 1997, the Defendant...
Hoy v. Gilbert - 3/2/1999
HOY v. GLIBERT, 98-1565 (La. 3/2/99); ___ So.2d ___
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, OFFICE OF WORKERS COMPENSATION, DISTRICT #1E
* LEMMON, J., not on panel. Rule IV, Part 2, § 3.
We...
Shoemaker v. City of Shreveport - 2/24/1999
SHOEMAKER v. SHREVEPORT E., 31,692 (La.App. 2 Cir. 2/24/99)
Jeffrey Lane Shoemaker appeals a judgment granting summary judgment and the peremptory exception of no right of action in favor of the City of Shreveport.
We...
State v. Franks - 2/24/1999
STATE v. FRANKS, 31,641 (La.App. 2 Cir. 2/24/99); ___ So.2d ___
Jody Franks entered a Crosby plea [338 So.2d 584 (La. 1976)] to the crime of DWI, 3rd offense, in exchange for an agreed upon sentence of five years at hard labor...
State v. Melder - 2/24/1999
STATE v. MELDER, 31,584 (La.App. 2 Cir. 2/24/99); ___ So.2d ___
After pleading guilty to attempted second degree murder, La.R.S. 14:27 and 14:30.1, defendant, Willie Lee Melder, was sentenced by the district court to 20 years...
State v. Deshotel - 2/23/1999
STATE v. DESHOTEL, 98 0730 (La.App. 1 Cir. 2/23/99); ___ So.2d ___
The defendant, Meguel J. Deshotel, was charged by bill of information with driving while intoxicated (DWI), third offense, a violation of La. R.S. 14:98. The...
State v. McCord - 2/3/1999
STATE v. McCORD, 98-2924 (La.App. 4 Cir. 2/3/99); ___ So.2d ___
STATEMENT OF CASE
On 24 August 1990, the defendant was charged with one count of driving while intoxicated, third offense. Arraignment was set for 10 September...
State v. Minnifield - 1/20/1999
STATE v. MINNIFIELD, 31,527 (La.App. 2 Cir. 1/20/99);
On January 21, 1998, Defendant, Mac Minnifield ("Minnifield"), was convicted by a jury of DWI, Fourth Offense, in violation of La.R.S. 14:98. He was sentenced by the trial...
State v. White - 12/28/1998
STATE v. WHITE, 98 0343 (La.App. 1 Cir. 12/28/98);
The defendant, Calvin White, was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of La. R.S. 14:98. The defendant filed a motion...
State v. Henderson - 12/16/1998
STATE v. HENDERSON, 98-614 (La.App. 5 Cir. 12/16/98);
This case involves the legality of a traffic stop only because the driver was not wearing a seat belt. We find that the state legislature intended to give police officers the...
State v. Desilva - 12/9/1998
STATE v. DeSILVA, 97-0462 (La.App. 4 Cir. 12/9/98)
The defendant, Chanda DeSilva, was charged with the first degree murder of Martin Hecker , a violation of La. R.S. 14:30. The State later amended the bill to charge the defendant...
Soileau v. State - 12/9/1998
SOILEAU v. STATE, DOTD, 97-1541 (La.App. 3 Cir. 12/9/98)
The plaintiff filed suit against the State to recover damages for injuries sustained when his vehicle struck a bridge on Louisiana Highway 3042. The plaintiff alleges that...
State v. Inzina - 12/9/1998
STATE v. INZINA, 31,439 (La.App. 2 Cir. 12/9/98);
Following his conviction for driving while intoxicated, third offense, a violation of La. R.S. 14:98, the defendant, John Inzina, Jr., was sentenced to serve five years...
State v. Thibodeaux - 11/18/1998
STATE v. THIBODEAUX, 97-1636 (La.App. 3 Cir. 11/18/98);
The defendant, Allison Scott Thibodeaux appeals his convictions for the first degree murders of Sadie Landreneau and Nancy Melton, and his sentence of two terms of life...
Staehle v. Department of Police. - 11/18/1998
STAEHLE v. DEPT OF POLICE, 98-0216 (La.App. 4 Cir. 11/18/98)
APPEAL FROM CITY CIVIL SERVICE COMMISSION, STATE OF LOUISIANA.
AFFIRMED
New Orleans Police Officer Edgar Staehle appeals a decision of the New Orleans City...
Pesson v. Reynolds - 11/13/1998
PESSON v. REYNOLDS, 97 0150 (La.App. 1 Cir. 11/13/98); 727 So.2d 507
Dissenting Opinion of Judge Guidry December 9, 1998.
Rehearing Denied February 26, 1999.
In this personal injury action, the defendant, the State of...
State v. Smith. - 11/6/1998
STATE v. SMITH, 97 2849 (La.App. 1 Cir. 11/6/98)
Rehearing Denied December 16, 1998.
The defendant, Andrew Joseph Smith, was charged by bill of information for driving while intoxicated, third offense, a violation of La....
State v. Davis - 11/6/1998
STATE v. DAVIS, 97 2750 (La.App. 1 Cir. 11/6/98)
John Michael Davis (defendant) was originally charged by bill of information with fourth-offense driving while intoxicated (DWI), La. R.S. 14:98, predicated on four prior DWI...
State v. Dronet - 11/4/1998
STATE v. DRONET, 97-991 (La.App. 3 Cir. 11/4/98)
This is an armed robbery case. On August 14, 1994, Clinton Dronet (the defendant) entered a store in Abbeville, Louisiana and robbed the owner, Mr. Ewell Vincent (Mr. Vincent), of...
State v. Lavergne - 6/3/1998
Rehearing Denied July 20, 1998.
APPEAL FROM SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARTIN, NO. 90-116,330, STATE OF LOUISIANA, HONORABLE GERALD D. WATTIGNY, J.
The defendant, Mary Lavergne, was originally charged...
Godfrey v. Boston Old Colony Insurance Company - 5/27/1998
GODFREY v. BOSTON OLD COL., 97-2569 (La.App. 4 Cir. 5/27/98)
Rehearing Denied August 14, 1998.
Plaintiff John S. Godfrey appeals a trial court judgment granting a motion for summary judgment in favor of defendants Entergy...
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