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TEXAS DEPT. OF PUBLIC SAFETY v. WHITEFIELD

No. 10-98-214-CV.

59 S.W.3d 294 (2001)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Michelle Renee WHITEFIELD, Appellee.

Court of Appeals of Texas, Waco.

September 19, 2001.

Attorney(s) appearing for the Case

James Kuvet, Hearings Attorney, Texas Department of Public Safety, McAllen, James M. Kuboviak, Brazos County Attorney, Bryan, for appellant.

Norbert C. Mahnke, O'Connor & Associates, Bryan, for appellee.

Before Chief Justice DAVIS, and VANCE, and GRAY, Justices.

OPINION

VANCE, Justice.

Michelle Rene Whitefield was arrested on November 20, 1997, for driving while intoxicated. She consented to a breath test, which she failed. Consequently, she was at risk for a suspension of her driver's license by the Texas Department of Public Safety. Tex. Transp. Code Ann. § 524.012(b) (Vernon 1999). In accordance with the statute, the arresting officer served her at that time with a "Notice of Suspension." Id. §...

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