308 So. 2d 325 | La. Ct. App. | 1975
Lead Opinion
The excluded but proffered police report indicates plaintiff-appellee rear-ended a stopped car. Despite plaintiff’s refusal on Fifth Amendment grounds to testify at the departmental hearing and in the trial court, the requirement of security or suspension of her driver’s license was proper. Cross v. Waguespack, La.App.1975, 308 So.2d 321.
Reversed.
Concurrence Opinion
(concurring).
I concur with the result. The trial judge set aside the order of suspension of plaintiff’s license on grounds that evidence relied on by the Department (police report and accident report) violated best evidence rule as well as the right of confrontation of the person who prepared the reports. Evidence of certified copy of police report is admissible. See LSA-R.S. 13:3711 and LSA-C.C.P. art. 1394. The question of the hearsay nature of the reports is disposed of in Cross v. Waguespack, 308 So.2d 321 (La.App.1975).
