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TEXAS DEPT. OF PUBLIC SAFETY v. COERS

No. 07-02-0521-CV.

153 S.W.3d 632 (2004)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Lance Ladell COERS, Appellee.

Court of Appeals of Texas, Amarillo.

October 28, 2004.

Attorney(s) appearing for the Case

Rene S. Lial, Staff Atty., Austin, for appellant.

Stephen Hamilton, Boatwright & Hamilton, LLP, Lubbock, for appellee.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

PHIL JOHNSON, Chief Justice.

The Texas Department of Public Safety appeals from a judgment directing the TDPS to rescind its suspension of Lance Ladell Coers's drivers license. We reverse.

BACKGROUND

On May 24, 2002, TDPS Trooper Jandrew observed Lance Ladell Coers driving without the proper use of a safety belt. Based on this observation, Jandrew initiated a traffic stop of Coers and observed signs of intoxication. After Coers...

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