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TEXAS DEPT. OF PUBLIC SAFETY v. GUERRA

No. 03-97-00537-CV.

970 S.W.2d 645 (1998)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Michael Stephen GUERRA, Appellee.

Court of Appeals of Texas, Austin.

April 30, 1998.

Attorney(s) appearing for the Case

Loren E. Svor, Assistant General Counsel, John C. West, Jr., Chief of Legal Services, Austin, for Appellant.

Gilbert Martinez, Law Office of Flores Amaya, Austin, for Appellee.

Before POWERS, KIDD and B.A. SMITH, JJ.

KIDD, Justice.

This appeal arises from the suspension of appellee Michael Guerra's driver's license pursuant to Texas Transportation Code sections 524.001, et seq. See Tex. Trans. Code Ann. §§ 524.001—.044 (West 1998) (Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication) (hereinafter the "Code"). Guerra was arrested for driving while intoxicated ("DWI") and after failing a breath test, was served notice that...

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