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TEXAS DEPT. OF PUBLIC SAFETY v. SWEENY

No. 14-01-00538-CV.

97 S.W.3d 597 (2002)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Robert Neal SWEENY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 11, 2002.

Attorney(s) appearing for the Case

Bennie Theresa Brown, Houston, Kevin M. Givens, Austin, Elvis G. Schulze, Spicewood, for appellant.

Michael Echevarria, Angleton, for appellee.

Panel consists of Chief Justice BRISTER and Justices ANDERSON and FROST.

OPINION

JOHN S. ANDERSON, Justice.

Texas Department of Public Safety (DPS) appeals the trial court's order reversing an Administrative Law Judge's (ALJ) decision sustaining DPS's suspension of Robert Neal Sweeny's driver's license. We reverse the County Court at Law's judgment and affirm the ALJ's order.

FACTUAL AND PROCEDURAL BACKGROUND

On August 17, 2000, at 11:50 p.m., DPS Officer Rex Walker observed Sweeny's truck weaving from side...

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