Opinion
NO. 2017 KW 0022
03-06-2017
STATE OF LOUISIANA v. BRANDON MIKEL MARTINEZ
In Re: State of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 544,263. BEFORE: WELCH, GRAIN, AND HOLDRIDGE, JJ.
WRIT DENIED IN PART AND GRANTED IN PART. In the instant case, the respondent's blood-alcohol test results are inadmissible as presumptive evidence of intoxication. To that extent the writ is denied, as the district court's ruling was correct. However, assuming the results are otherwise reliable, the State may use blood-alcohol test results obtained without strict compliance with the requirements in La. R.S. 32:661 as circumstantial evidence that would allow the fact-finder to draw an inference of the defendant's intoxication. See State v. Shirley, 2008-2106 (La. 5/5/09), 10 So.3d 224, 233. Accordingly, the ruling granting the respondent's motion to suppress is reversed in part, and this matter is remanded to the district court for further proceedings.
JEW
WJC
Holdridge, J., dissents in part, and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT