TEXAS DEPT. OF PUBLIC SAFETY v. DUARTE

No. 13-90-387-CV.

809 S.W.2d 611 (1991)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Adam Mauricio DUARTE, Appellee.

Court of Appeals of Texas, Corpus Christi.

May 2, 1991.


Attorney(s) appearing for the Case

Mike McNamara, South Padre Island, for appellee.

Richard L. Bilbie, Ferrero & Wepfer, Harlingen, Dan Morales, Atty. Gen., Mary F. Keller, Lou McCreary, Executive Asst. Attys. Gen., James C. Todd, Chief, Gen. Litigation Div., Janet I. Monteros, Asst. Atty. Gen., Austin, for appellant.

Before DORSEY, SEERDEN and HINOJOSA, JJ.


OPINION

DORSEY, Justice.

The Texas Department of Public Safety ("DPS"), in an administrative action, suspended Adam Mauricio Duarte's driver's license for one year as authorized by Tex. Code Crim.Proc.Ann. art. 42.12, § 13(k) (Vernon Supp.1991), upon his second conviction for the offense of driving while intoxicated ("DWI") and a second order to attend a subsequent education program. Duarte appealed to the County Court at Law No. 1, arguing that because...

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