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TEXAS DEPT. OF PUBLIC SAFETY v. DUGGIN

No. 01-96-01055-CV.

962 S.W.2d 76 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. John Houston DUGGIN, Appellee.

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

Rehearing Overruled November 19, 1997.

Attorney(s) appearing for the Case

Stacey Suzette Zipp, Houston, for Appellant.

Paul G. Johnson, Angleton, for Appellee.

Before O'CONNOR, MIRABAL and NUCHIA, JJ.

OPINION

O'CONNOR, Justice.

The Texas Department of Public Safety (DPS) appeals the county court at law's reversal of the suspension of John Duggin's driver's license. Duggin was arrested for driving while intoxicated, and his license was suspended for refusal to submit a breath specimen. Duggin requested an administrative hearing before an administrative law judge (the AL judge), as provided by TEX. TRANSP. CODE § 724.041. The AL judge approved the...

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