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KNOLL, J., concurs for additional reasons
State: Louisiana
Court: Supreme Court
Docket No: KNOLL,
Case Date: 01/01/2000
Preview:SUPREME COURT OF LOUISIANA No. 99-K-2209 STATE OF LOUISIANA VERSUS JOHN CARR KNOLL, JUSTICE, concurring and assigning additional reasons. I agree with the majority's conclusion that 14:98(J) is ambiguous and that the legislative history does not reveal a clear intent by the Legislature to apply the statute to bicycles. As such, we must interpret the statute in favor of the accused and against the State. State v. Becnel, 674 So. 2d 880, 882 (La. 1993). I concur to note that the statute's penalty provisions in four different sections of the statute, which provide that first, second, and third offenders receive suspended sentences when they participate in a driver improvement program, is further evidence of the ambiguity of whether the Legislature intended the statute to apply to bicycles.

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