STATE v. NEEL

No. 12-90-00077-CR.

808 S.W.2d 575 (1991)

STATE of Texas, Appellant, v. Mark Alan NEEL, Appellee.

Court of Appeals of Texas, Tyler.

April 12, 1991.


Attorney(s) appearing for the Case

Michael Sandlin, Dist. Atty's Office, Tyler, for appellant.

F.R. Files, Jr., Tyler, for appellee.


RAMEY, Chief Justice.

Appellee motorist Mark Alan Neel refused a breath test. On July 24, 1988, he was arrested and charged by information with the misdemeanor offense of "Driving While Intoxicated." Tex.Rev.Civ.Stat.Ann. art. 6701/-1 (Vernon Supp.1991).

After an oral and written DWI warning of the consequences of his failure to give a breath specimen, appellee refused the request for the specimen. Thereafter appellee filed a motion to suppress the evidence...

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