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TEXAS DEPARTMENT OF PUBLIC v. EDWARDS

No. 11-96-039-CV.

941 S.W.2d 266 (1996)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Johnny Michael EDWARDS, Appellee.

Court of Appeals of Texas, Eastland.

December 12, 1996.

Attorney(s) appearing for the Case

James Eidson, District Attorney, Gary A. Orren, Assistant District Attorney, Abilene, for Appellant.

Randy Wilson, Abilene, for Appellee.

Before ARNOT, C.J., and DICKENSON and WRIGHT, JJ.

Opinion

ARNOT, Chief Justice.

The driver's license of Johnny Michael Edwards was suspended under former TEX.REV. CIV.STAT. art. 6701l-5, § 2 (1993)1 for his refusal to take a breath test. Edwards appealed the suspension to the county court at law. After a trial de novo, the county court at law reinstated Edwards' license. The Texas Department of Public Safety appeals complaining in its sole point of error of an evidentiary...

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