From Casetext: Smarter Legal Research

Vance v. Department of Public Safety

Court of Appeal of Louisiana, Fourth Circuit
Jun 6, 1975
308 So. 2d 325 (La. Ct. App. 1975)

Opinion

No. 6629.

February 13, 1975. Rehearing Denied March 12, 1975. Writ Refused June 6, 1975.

APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, DIVISION I, STATE OF LOUISIANA, HONORABLE WALLACE C. LEBRUN, J.

Abbott J. Reeves, Gretna, for plaintiff-appellee.

Foye L. Lowe, Jr., Baton Rouge, for defendant-appellant.

Before REDMANN, LEMMON and GULOTTA, JJ.


The excluded but proffered police report indicates plaintiff-appellee rear-ended a stopped car. Despite plaintiff's refusal on Fifth Amendment grounds to testify at the departmental hearing and in the trial court, the requirement of security or suspension of her driver's license was proper. Cross v. Waguespack, La.App. 1975, 308 So.2d 321.

Reversed.

GULOTTA, J., concurs.


I concur with the result. The trial judge set aside the order of suspension of plaintiff's license on grounds that evidence relied on by the Department (police report and accident report) violated best evidence rule as well as the right of confrontation of the person who prepared the reports. Evidence of certified copy of police report is admissible. See LSA-R.S. 13:3711 and LSA-C.C.P. art. 1394. The question of the hearsay nature of the reports is disposed of in Cross v. Waguespack, 308 So.2d 321 (La.App. 1975).


Summaries of

Vance v. Department of Public Safety

Court of Appeal of Louisiana, Fourth Circuit
Jun 6, 1975
308 So. 2d 325 (La. Ct. App. 1975)
Case details for

Vance v. Department of Public Safety

Case Details

Full title:SHEILA VANCE v. DEPARTMENT OF PUBLIC SAFETY, STATE OF LOUISIANA

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Jun 6, 1975

Citations

308 So. 2d 325 (La. Ct. App. 1975)

Citing Cases

Ours v. W. Va. Dept. of Motor Vehicles

See Carlson v. Kozlowski, 172 Conn. 263, 374 A.2d 207 (1977); Spaulding v. Howlett, 59 Ill. App.3d 249, 375…