State v. Sealy

In Re: Elbert Sealy, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 03-13-0558. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.

WRIT DENIED.

PMc VGW

Higginbotham, J., dissents and would grant the writ application. In my view, the location of the sobriety checkpoint's advance warning signs did not adequately alert oncoming drivers that a checkpoint was ahead and I find it problematic that France Street, the street that relator could have safely turned onto before reaching the entrance to the checkpoint, was blocked off. Therefore, in my opinion, the checkpoint in this case did not meet the standards set forth in State v. Jackson, 2000-0015 (La. 7/6/00), 764 So.2d 64. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT