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BALIOS v. TEXAS DEPT. OF PUBLIC SAFETY

No. 07-86-0131-CV.

733 S.W.2d 308 (1987)

John BALIOS, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied June 23, 1987.

Attorney(s) appearing for the Case

Gordon Treadway, Lubbock, for appellant.

Ruth Cantrell, Asst. Criminal Dist. Atty., Lubbock, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

COUNTISS, Justice.

This is an appeal from a summary judgment suspending for 90 days the driver's license of appellant John Balios. Appellee, the Texas Department of Public Safety ("DPS") sought, and obtained, the suspension because Balios refused to take a breath test to determine whether he was driving while intoxicated. Balios says his motion for summary judgment, not DPS's motion, should have been granted, because DPS did not follow the statutory procedure for...

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