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TEXAS DEPT. OF PUBLIC SAFETY v. PRESTON

No. 01-86-0518-CV.

727 S.W.2d 325 (1987)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Thomas B. PRESTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 26, 1987.

Attorney(s) appearing for the Case

Mike Driscoll Co. Atty., Melvin R. Nowlin, Jr. Asst. Co. Atty., Houston, for appellant.

Jeffrey Walter Sparks, Preston & Sparks, Houston, for appellee.

Before EVANS, C.J., and LEVY and SAM BASS, JJ.

OPINION

SAM BASS, Justice.

This is an appeal by the Texas Department of Public Safety from the probation of the suspension of appellant's driver's license.

After a hearing in the Houston municipal court, appellee's license was suspended for 90 days because he refused to give a breath specimen when requested to do so by a peace officer who had probable cause both to stop appellee and to believe that appellee...

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