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TEXAS DEPT. OF PUBLIC SAFETY v. SANCHEZ

No. 04-01-00165-CV.

82 S.W.3d 506 (2002)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Noel SANCHEZ, Appellee.

Court of Appeals of Texas, San Antonio.

May 1, 2002.

Attorney(s) appearing for the Case

Kevin M. Givens, Supervising Atty, ALR Appeals, Elvis G. Schulze, Texas Dept. of Public Safety, Appellate Staff Atty., Austin, for Appellant.

Robert Lynn McGowen, McGowen Law Offices, Inc., Devine, for Appellee.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, and KAREN ANGELINI, Justice.

OPINION

KAREN ANGELINI, Justice.

The Texas Department of Public Safety appeals the district court's reversal of an administrative decision permitting the Department to suspend Noel Sanchez's driving privileges based upon his refusal to submit a blood or breath specimen. The district court's judgment is reversed.

BACKGROUND

On August 11, 2000, David H. Gardner, a police officer with the Lytle Police Department, observed Sanchez traveling...

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