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EX PARTE WILKINSON

No. 04-96-01011-CR.

952 S.W.2d 9 (1997)

Ex parte Steven A. WILKINSON, Appellant.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 9, 1997.

Attorney(s) appearing for the Case

Stephanie L. Stevens, San Antonio, for appellant.

Alan E. Battaglia, Assistant Criminal District Attorney, San Antonio, for appellee.

Before HARDBERGER, C.J., and RICKHOFF and ANGELINI, JJ.

HARDBERGER, Chief Justice.

This is a pre-trial habeas corpus appeal of a trial court's ruling that an administrative law judge's finding of no probable cause did not operate as a bar to appellant's subsequent prosecution for driving while intoxicated. We affirm.

Procedural History

Wilkinson was stopped while driving with an open container on December 25, 1995. He was arrested and refused to take a breathalyzer test. The Texas Department of Public...

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