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STAGG v. TEXAS DEPT. OF PUBLIC SAFETY

No. 03-01-00700-CV.

81 S.W.3d 441 (2002)

Kathryn STAGG, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

Court of Appeals of Texas, Austin.

Released for Publication August 8, 2002.

Attorney(s) appearing for the Case

Charles D. Grant, Jr., Austin, for appellant.

Kevin M. Givens, Texas Dept. of Public Safety Supervisor, ALR Appellate Section, Austin, for appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

Kathryn Stagg appeals the county court at law's decision upholding an administrative order suspending her driver's license for ninety days for refusing to provide a breath or blood sample for alcohol concentration testing. See Tex. Transp. Code Ann. §§ 742.035, .041, .043 (West Supp.2002). Stagg alleges that there is insufficient evidence to find that she was "operating" a vehicle when she was arrested. We will affirm the judgment...

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