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Judgment rendered June 27, 2012. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.

No. 47,264-CA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

VERNON CHRIS JOBE

Plaintiff-Appellee

Versus

LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF MOTOR VEHICLES

Defendant-Appellant

***** Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana Trial Court No. 72,808 Honorable Charles Blaylock Adams, Judge

*****

JENNIFER DEL MURRAY

Counsel for Appellant Counsel for Appellee

WHITLEY ROBERT GRAVES

*****

Before STEWART, DREW and LOLLEY, JJ. DREW, J., dissents with written reasons.

LOLLEY, J.: The Louisiana Department of Public Safety and Corrections, Office of Motor Vehicles ("OMV" or "State") appeals a ruling of the 42nd Judicial District Court, Parish of DeSoto, State of Louisiana, that granted Vernon Jobe's request to prohibit the OMV from denying him a commercial driver's license with hazardous material endorsement. For the following reasons, we affirm. FACTS Jobe worked as a commercial truck driver hauling hazardous materials. He was authorized to do so by virtue of his Class A commercial drivers licence ("CDL") issued by the State with a hazardous material endorsement ("HME"). On December 5, 2008, Jobe was involved in a onecar accident in DeSoto Parish, Louisiana. He was arrested and charged with Operating a Motor Vehicle While Intoxicated, a violation of La. R.S. 14:98 ("DWI"). At the time of his arrest, the police officer seized Jobe's license. As a result of losing his CDL, Jobe was immediately terminated from his job. The following chronology of events occurred: March 10, 2009: Jobe requested an administrative hearing in connection with the suspension of his license. Although the record does not contain the reasons why, the administrative law judge determined that Jobe was entitled to a return of his license and recalled the suspension. Jobe applied for a new CDL, which was granted at that time by the OMV; May 7, 2009: Jobe appeared before the trial court on his DUI charge and entered a plea of nolo contendere. The record is not clear as to Jobe's original sentence for his DUI conviction, but after his sentencing a motion to amend sentence was filed and the trial court amended Jobe's sentence to be pursuant to La. C. Cr. P. art. 894;

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May 25, 2011: After having applied to the Transportation Security Administration to renew his HME, he was cleared for renewal of his HME from the State; June 14, 2011: Jobe received notification from the OMV that as a result of his conviction for DUI, he was suspended from all driving privileges and disqualification of his CDL for 365 days beginning on July 7, 2011; and June 27, 2011: Prior to his birthday and expiration of his CDL, Jobe applied for reversal and was denied. As a result of the OMV's actions, Jobe filed a rule to show cause under La. R.S. 32:414(F)(4), requesting that the OMV be ordered to show cause why it should not be prohibited from suspending and disqualifying his CDL. After a hearing on the matter, judgment was rendered in Jobe's favor prohibiting the OMV from suspending his CDL. This appeal by the OMV ensued. DISCUSSION On appeal, the OMV argues that the trial court erred in ordering it to reinstate Jobe's CDL. Pointing to statutory law, the OMV argues that it is legally required to suspend Jobe's license as a result of his DWI conviction. See La. R.S. 32:414.2(A)(4)(a)(i) and 49 C.F.R.

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