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TEXAS DEPT. OF PUBLIC SAFETY v. MENDOZA

No. 14-97-00002-CV.

956 S.W.2d 808 (1997)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Jose Salazar MENDOZA, Jr., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 20, 1997.

Attorney(s) appearing for the Case

Stacey Suzette Zip, Houston, for appellant.

Robert J. Newton, Lake Jackson, for appellee.

Before MURPHY, C.J., and HUDSON and FOWLER, JJ.

OPINION

MURPHY, Chief Justice.

Appellant, Texas Department of Public Safety ("DPS"), appeals the decision by the county court at law of Brazoria County to overturn the suspension of appellee's driver's license. An administrative law judge ("ALJ") had previously upheld the suspension based upon appellee's refusal to submit to a breath test. The DPS raises five points of error, claiming (1) the county court erroneously found the ALJ had improperly admitted...

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