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May 26, 2000

SUPREME COURT OF LOUISIANA
99-K-2209 STATE OF LOUISIANA VERSUS JOHN CARR

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

CALOGERO, C. J.* Defendant John Carr was charged with violating La. R.S. 14:98, Operating a Vehicle While Intoxicated, after police arrested him for riding his bicycle on Louisiana Highway 64 in an intoxicated condition. Carr filed a motion to quash, arguing that La. R.S. 14:98 was not sufficiently clear so as to put the public on notice that riding a bicycle while intoxicated could result in criminal penalties. The trial court, relying on State v. Guidry, 467 So. 2d 156 (La. App. 3d Cir. 1985), agreed, and granted defendant's motion to quash the bill of information. The court of appeal, expressly rejecting the Guidry court's reasoning, reversed. We granted defendant's writ application to determine whether La. R.S. 14:98 is applicable to a bicycle, and to resolve the split among the courts of appeal. Finding that La. R.S. 14:98 is ambiguous as applied to a bicycle, we reverse the court of appeal, and grant defendant's motion to quash. FACTS AND PROCEDURAL HISTORY On April 3, 1998, at about 6:30 A.M., the Zachary Police Department

*

Johnson, J., not on panel. Rule IV, Part 2,

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