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TEXAS DEPT. OF PUBLIC SAFETY v. RAY

No. 2-96-050-CV.

943 S.W.2d 87 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Marvin M. RAY, Jr., Appellee.

Court of Appeals of Texas, Fort Worth.

February 27, 1997.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney, Monica Branch, Assistant Dist. Atty., on behalf of Legal Services, DPS, Daniel Ray Risinger, Assistant Dist. Atty., Fort Worth, for appellant.

Charles E. Smith, Arlington, for appellee.

Before CAYCE, C.J., and DAY and BRIGHAM, JJ.

OPINION

CAYCE, Chief Justice.

The Texas Department of Public Safety ("DPS") appeals from the county court at law's judgment reversing the administrative law judge's ("ALJ") order, which suspended Marvin M. Ray, Jr.'s driver's license for ninety days. In two points of error, DPS contends that the county court at law erred in reversing the ALJ's order because DPS met its burden of proof in showing by a preponderance of the evidence that Ray's driver's license...

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