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PHILLIPS v. TEXAS DEPT. OF PUBLIC SAFETY

No. 09-11-00143-CV.

362 S.W.3d 252 (2012)

Reid Alan PHILLIPS, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

Court of Appeals of Texas, Beaumont.

Decided March 8, 2012.

Attorney(s) appearing for the Case

W. Troy McKinney , Schneider & McKinney, P.C., Houston, for appellant.

Kevin M. Givens , ALR Appellate Section, Cassandra Magee , Austin, Texas Department of Public Safety, for appellee.

Before GAULTNEY, KREGER, and HORTON, JJ.

OPINION

DAVID GAULTNEY, Justice.

Reid Alan Phillips appeals an order suspending his driver's license. Phillips contends he should have been allowed to subpoena the breath test technical supervisor to testify at the suspension proceeding. We hold that, because the administrative law judge could reasonably conclude Phillips did not show good cause for the subpoena, the judge did not abuse his discretion in denying the request.

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