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TEXAS DEPT. OF PUBLIC SAFETY v. SILVA

No. 04-98-00451-CV.

988 S.W.2d 873 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Frederico Alvarez SILVA, Appellee.

Court of Appeals of Texas, San Antonio.

March 3, 1999.

Attorney(s) appearing for the Case

Carla E. Eldred, Texas Department of Public Safety, Austin, for Appellant.

George Scharmen, San Antonio, for Appellee.

Before CATHERINE STONE, Justice, PAUL W. GREEN, Justice and KAREN ANGELINI, Justice.

OPINION

CATHERINE STONE, Justice.

The Texas Department of Public Safety (TDPS) appeals the judgment of the trial court, which affirmed an administrative law judge's denial of license suspension. The administrative law judge (ALJ) excluded the arresting officer's report which was offered to establish probable cause to arrest Frederico Silva, and to show that Silva was asked to submit a breath specimen, but refused. Because we hold that the arresting officer...

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