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MIRELES v. TEXAS DEPT. OF PUBLIC SAFETY

No. 04-97-01007-CV.

993 S.W.2d 426 (1999)

Albert MIRELES Jr., Appellant, v. TEXAS DEPARTMENT of PUBLIC SAFETY, Appellee.

Court of Appeals of Texas, San Antonio.

May 12, 1999.

Attorney(s) appearing for the Case

George Scharmen, San Antonio, for Appellant.

Andres Cedillos, San Antonio, Loren E. Svor, Kevin M. Givens, Austin, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

ON APPELLEE'S MOTION FOR REHEARING

Opinion by: TOM RICKHOFF, Justice.

Appellee Department of Public Safety's motion for rehearing en banc is granted. The en banc court's opinions of October 30, 1998 are withdrawn and this opinion is substituted in its place.

In this opinion we must decide whether a breath test taken more than an hour after a traffic stop, combined with an arresting officer's observations at the time of the stop, effectively...

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