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[DOWNLOAD] "Mireles v. Texas Department of Public Safety" by Texas Supreme Court * eBook PDF Kindle ePub Free

Mireles v. Texas Department of Public Safety

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eBook details

  • Title: Mireles v. Texas Department of Public Safety
  • Author : Texas Supreme Court
  • Release Date : January 09, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Albert Mireles, Jr., was stopped for speeding and arrested on suspicion of drunk driving. The arresting officer noted that Mireles had slurred speech and glassy eyes, had a strong odor of alcoholic beverage on his breath, and swayed as he walked. Mireles also failed field sobriety tests. Breath tests administered about one hour later showed Mireles alcohol concentration to be 0.161 and 0.162. Because Mireles had a blood-alcohol concentration above the legal limit of 0.10, the Texas Department of Public Safety suspended his drivers license. Mireles requested an administrative hearing to challenge the suspension. See Tex. Transp. Code § 524.031. At the hearing, the DPS offered the arresting officers notes and Mireles breath-test results, but offered no "extrapolation" evidence relating Mireles alcohol concentration when the tests were administered to his concentration when he was driving. The administrative law Judge (ALJ) found that Mireles had an alcohol concentration of 0.10 or more while driving and upheld his license suspension. Mireles appealed to the county court at law, contending that, without extrapolation evidence, the breath-test results were no evidence of his alcohol concentration while driving. The county court determined that the ALJs decision was supported by substantial evidence and affirmed, as did the court of appeals. 993 S.W.2d 426. We affirm the court of appeals judgment.


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