Joseph G. Richard v. State of Louisiana, Department of Public Safety & Corrections, Office of Motor Vehicles

Summary

The Louisiana Court of Appeal, Third Circuit, affirmed a district court judgment reinstating Joseph G. Richard’s driver’s license and rescinding a proposed suspension based on his refusal to submit to chemical testing after a DWI arrest. The court held that Louisiana Revised Statutes § 32:667(H)(1)(a) required immediate reinstatement after the prosecutor permanently refused to charge Richard, and that no ignition-interlock requirement applied because the proposed suspension never became effective. Judge Pickett dissented, reasoning that the statute concerned reinstatement fees and did not invalidate the underlying administrative suspension.

Holdings

1. La. R.S. 32:667(H)(1)(a) requires immediate reinstatement of a driver's license when the criminal charge connected to the seizure or proposed suspension has been permanently refused by the prosecutor, even though the driver refused chemical testing.
2. La. R.S. 32:667(I)(1)(a) does not require installation of an ignition interlock device when the proposed license suspension is recalled before it becomes effective, because the statute applies to a person whose license has actually been suspended in accordance with law.

Questions Presented

1. Whether La. R.S. 32:667(H)(1)(a) required immediate reinstatement of Richard's driver's license after the district attorney permanently refused to prosecute the DWI charge.
2. Whether Richard was required to install an ignition interlock device under La. R.S. 32:667(I)(1)(a) when the proposed suspension was reversed before it took effect.

Disposition

affirmed