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TEXAS DEPT. OF PUBLIC SAFETY v. McGLAUN

No. 2-00-129-CV.

51 S.W.3d 776 (2001)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Gerald Douglas McGLAUN, Appellee.

Court of Appeals of Texas, Fort Worth.

June 21, 2001.

Attorney(s) appearing for the Case

Carla E. Eldred, Asst. Gen. Counsel, Kevin M. Givens, Supervising Atty., ALR Appeals, Austin, for Appellant.

Ronald G. Knight, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; DAY and WALKER, JJ.

OPINION

DAY, Justice.

I. INTRODUCTION

The Texas Department of Public Safety ("DPS") appeals a county court at law ruling affirming an administrative law judge's ("ALJ") denial of the DPS's suspension of Gerald Douglas McGlaun's driver's license. In three issues, the DPS challenges the ALJ's refusal to suspend McGlaun's license because he was not warned that his refusal to submit to an intoxication test would affect his commercial driver...

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