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TEXAS DEPT. OF PUBLIC SAFETY v. BUTLER

No. 14-02-01102-CV.

110 S.W.3d 673 (2003)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Julie Anne BUTLER, Appellee.

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

July 3, 2003.

Attorney(s) appearing for the Case

Ross Rayburn and Elvis G. Schulze, Austin, for appellants.

Jim W. James, Bryan, for appellees.

Panel consists of Chief Justice BRISTER, and Justices WANDA McKEE FOWLER, and FROST.

OPINION

WANDA McKEE FOWLER, Justice.

The Texas Department of Public Safety (DPS) appeals a county court-at-law judgment reversing an administrative order suspending Julie Anne Butler's driver's license because she refused to give a breath specimen to determine if she was intoxicated. DPS contends the trial court erred by requiring DPS to prove the time of Butler's accident in order to show probable cause to believe Butler was driving while intoxicated. Because...

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