TEXAS DEPT. OF PUBLIC SAFETY v. JONES

No. 09-96-095 CV.

938 S.W.2d 785 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Lester Paul JONES, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 13, 1997.


Attorney(s) appearing for the Case

Frank H. Bass, Jr., Montgomery County Attorney, Conroe, Stephen Dennis, Assistant County Attorney, John West, Chief of Legal Services, Texas Dept. of Public Safety, Valerie Fulmer, Asst. General Counsel, Texas Dept. of Public Safety, Shannon McCall Fitz-Patrick, Asst. General Counsel, Texas Dept. of Public Safety, Bryan, for appellant.

Jerald D. Crow, Darden, Fowler & Creighton, Conroe, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.


OPINION

BURGESS, Justice.

Lester Paul Jones was arrested for driving while intoxicated (DWI) on October 15, 1995. Jones refused to take a breath test. A driver's license suspension hearing was held at Jones' request pursuant to TEX.TRANSP.CODE ANN. § 724.041 (Vernon Pamph.1997). Following the hearing, the administrative law judge (ALJ) ordered Jones' license suspended; Jones appealed. In that appeal, the reviewing court reversed the ALJ's decision and...

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