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TEXAS DEPT. OF PUBLIC SAFETY v. AXT

No. 2-08-276-CV.

292 S.W.3d 736 (2009)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant v. Jeffery Bruce AXT, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing and En Banc Reconsideration Overruled August 6, 2009.

Attorney(s) appearing for the Case

Kevin M. Givens, Austin, TX, for Appellant.

Gary L. Medlin, Fort Worth, TX, for Appellee.

Panel: CAYCE, C.J.; DAUPHINOT and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

Appellant Texas Department of Public Safety (the Department) appeals the trial court's order reversing an administrative order that suspended appellee Jeffery Bruce Axt's driver's license for refusing to provide a breath specimen. In three issues, the Department argues that the trial court erred by reversing the administrative law judge's (ALJ's) findings that reasonable suspicion existed for the officers...

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