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TEXAS DEPT. OF PUBLIC SAFETY v. BENOIT

Nos. 13-97-685-CV, 13-97-690-CV.

994 S.W.2d 212 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Cheryl Ann BENOIT and Fernando Luis Cortez, Appellees.

Court of Appeals of Texas, Corpus Christi.

April 8, 1999.

Attorney(s) appearing for the Case

Andres Cedillos, Texas Dept. of Public Safety, Asst. Director of Hearings, San Antonio, John C. West, Jr., Chief of Legal Services, Janette Lorie Ansolabehere, Asst. Gen. Counsel, Loren E. Svor, Asst. Gen. Counsel, Dept. of Public Safety, License Rev., Kevin Michael Givens, Supervising Atty., ALR Appeals, Texas Dept. of Public Safety, Austin, John Frank Davis, Texas Dept. of Public Safety, San Antonio, for appellant.

Fernando L. Cortez, Austwell, for appellees.

Before: Justices DORSEY, RODRIGUEZ, and KENNEDY.

OPINION

NOAH KENNEDY, Justice (Retired).

These cases were argued together on appeal and involve the same law and the same fact situations. We grant appellees' joint motion to consolidate their appeals.

Each appellee was arrested for driving while intoxicated. Their drivers licenses were suspended for failure to submit to a breath test to determine the presence and amount of alcohol in the system of each of the appellees. Appellees requested hearings...

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