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SUPREME COURT OF LOUISIANA
No. 98-KA-2442 STATE OF LOUISIANA VERSUS JOSEPH DAVIS FERRIS
****************************************************** ON APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF EVANGELINE, HONORABLE PRESTON N. AUCOIN, JUDGE ****************************************************** PER CURIAM* Defendant Joseph D. Ferris was arrested and charged with violating La. Rev. Stat. 14:98.1, "Underage driving under the influence," as a result of operating a motor vehicle while having a blood-alcohol content of .07 percent. On August 3, 1998, defendant filed a motion to quash the prosecution, alleging that La. Rev. Stat. 14:98.1 unconstitutionally violates the due process and equal protection provisions of the Louisiana and United States Constitutions in making it a crime for persons under twenty-one years of age with a blood alcohol concentration of .02 percent or more to operate motor vehicles, while persons twenty-one years of age or older may legally operate motor vehicles if not under the influence of alcohol or controlled substances and with a blood alcohol concentration of less than .10 percent. On August 14, 1998, the trial court heard argument on the Motion to Quash and rendered judgment finding that the statute did indeed violate the equal protection rights of those under twenty-one years of age, contrary to Article 1,

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