Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hoffpauir

Court of Appeals of Louisiana, Third Circuit

November 2, 2017

STATE OF LOUISIANA
v.
WARREN J. HOFFPAUIR, JR.

         APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF ACADIA, NO. 2016-10702 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE

          Parker R. Mitchell Jack Derrick Miller, A Professional Corporation COUNSEL FOR DEFENDANT/APPELLANT: Warren J. Hoffpauir, Jr.

          Jennifer Del Murray COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana Department of Public Safety & Corrections Office of Motor Vehicles.

          Court composed of Marc T. Amy, D. Kent Savoie, and Van H. Kyzar, Judges.

          VAN H. KYZAR JUDGE.

         The defendant, Warren J. Hoffpauir, Jr., appeals from a trial court judgment in favor of the State of Louisiana, Department of Public Safety and Corrections, Office of Motor Vehicles, affirming the suspension of his driving privileges by an administrative law judge. For the following reasons, we vacate the judgment and remand the matter for further proceedings.

         DISCUSSION OF THE RECORD

         Based on the facts alleged in his petition, Mr. Hoffpauir was arrested for allegedly operating a vehicle while intoxicated, in violation of La.R.S. 14:98. However, he claims that "there were no objective facts which would justify a determination of probable cause" for his arrest prior to the incident. He alleged that after he was arrested he was questioned by the arresting officer without being administered his Miranda rights[1] and was told that his driving privileges were being withdrawn.

         Mr. Hoffpauir filed a timely request for review of his suspension, which was denied by an administrative law judge on June 23, 2016. On July 27, 2016, he appealed the matter to the district court in Acadia Parish, pursuant to La.R.S. 32:414(F)(4). In his petition, he requested that a temporary restraining order be issued to restrain the state from suspending his driver's license during the pendency of the proceedings. The temporary restraining order was granted that same day, and the matter was set for a show cause hearing on September 6, 2016.

         According to the court minutes, a hearing was held on the temporary restraining order on November 7, 2016. The minutes indicate that the "Parties requested a pre-trial conference. The Court orders parties to prepare a Joint Stipulation and submit it to the Court along with their Briefs." Also on that date, the State filed its memorandum in opposition to Mr. Hoffpauir's petition into the record. However, there is no indication in the court minutes that the brief and its attached exhibits were introduced into evidence in this matter.

         Mr. Hoffpauir claimed that on November 18, 2016, there was a discussion by telephone between his counsel and the trial judge's office regarding a ten-day deadline for submitting the material discussed at the November 7, 2016 hearing. Mr. Hoffpauir claimed that no deadline was established during the hearing for the submission of the material. Thereafter, on November 29, 2016, the trial court issued a minute entry with ruling, which began as follows:

This matter came before the Court on November 7, 2016 pursuant to Petitioner, Warren Hoffpauir's Petition for Judicial Review, or Appeal of the Department of Public Safety and Corrections' (Department) decision suspending Petitioner's driving privileges, and subsequent decision by the Division of Administrative Law, Administrative Law Judge (ALJ) which affirmed the suspension of Mr. Hoffpauir's driving privileges.
At the hearing, counsel for both sides agreed there would be no oral argument. The Court then, [sic] ordered that the parties shall within ten (10) days stipulate to the facts of the case, and submit that to the Court, along with Petitioner, Hoffpauir's Brief/Memoranda [sic] (The Department had already provided its Opposition Memorandum). The Court informed that it would then, [sic] take the matter under advisement, and issue an Order. The delays for submitting stipulated facts and petitioner's brief, now having passed, the court finds as follows[.]

         The trial court, after reviewing the evidence attached to the State's memorandum, affirmed the administrative law judge's suspension of Mr. Hoffpauir's driving privileges. Notice of this ruling was sent to the parties on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.