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TEXAS DEPT. OF PUBLIC SAFETY v. CARUANA

No. 03-08-00659-CV.

363 S.W.3d 606 (2010)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Stephen Joseph CARUANA, Appellee.

Court of Appeals of Texas, Austin.

February 12, 2010.

Attorney(s) appearing for the Case

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

Brian Lee Baker , San Marcos, TX, for appellee.

Before Chief Justice JONES, Justices WALDROP and HENSON.

MEMORANDUM OPINION

DIANE M. HENSON, Justice.

The Texas Department of Public Safety ("the Department") appeals from the trial court's order reversing the administrative suspension of appellee Stephen Caruana's driver's license. The Department argues that the trial court erred in reversing the suspension because the arresting officer's unsworn incident report should have been considered admissible as evidence...

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