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TEXAS DEPT. OF PUBLIC SAFETY v. STORY

No. 10-97-258-CV.

65 S.W.3d 675 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Billy Bernice STORY, Appellee.

Court of Appeals of Texas, Waco.

Publication Ordered June 21, 2001.

Attorney(s) appearing for the Case

Charles Karakashian, Jr., Texas Dept. of Public Safety, Austin, John W. Segrest, Crim. Dist. Atty., Waco, for appellant.

Pat Beard, Beard & Kultgen, Waco, for appellee.

Before Chief Justice DAVIS, Justice CUMMINGS (not participating), and Justice VANCE.

OPINION

DAVIS, Chief Justice.

The Department of Public Safety ("DPS") suspended Billy Bernice Story's driver's license due to Story's refusal to provide a specimen of his breath for analysis following his arrest for driving while intoxicated. An administrative law judge ("ALJ") upheld the suspension, and Story appealed to the County Court at Law (the "reviewing court"). The reviewing court reversed the decision of the ALJ, and rendered judgment in Story...

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