Texas Department of Public Safety v. Davis

Texas Supreme Court

Texas Department of Public Safety v. Davis

9 S.W.3d 132, 43 Tex. Sup. Ct. J. 168, 1999 Tex. LEXIS 123, 1999 WL 1135128

CourtTexas Supreme Court

DecidedDecember 9, 1999

DocketNo. 99-0085

StatusPublished

This text of 9 S.W.3d 132 (Texas Department of Public Safety v. Davis) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas Department of Public Safety v. Davis, 9 S.W.3d 132, 43 Tex. Sup. Ct. J. 168, 1999 Tex. LEXIS 123, 1999 WL 1135128 (Tex. 1999).

Pincite

Opinion

PER CURIAM.

Steven Vincent Davis’ driver’s license was administratively suspended based upon evidence that his alcohol concentration was 0.138 and 0.144 about an hour and a half after his arrest for drunk driving. The county court at law reversed the administrative decision, and the court of appeals affirmed in a memorandum decision. See Tex.R.App. P. 47.1. The court of appeals affirmed based upon its original decision in Míreles v. Texas Department of Public Safety, which was then pending on rehearing. After the decision in this case became final, the court of appeals withdrew its decision in Múreles and reversed its prior decision. See Mireles v. Texas Dep’t of Pub. Safety, 993 S.W.2d 426 (Tex.App.—San Antonio 1999), aff'd, 9 S.W.3d 128 (Tex.1999). Today, we affirm the Mireles opinion on rehearing. Accordingly, without hearing oral argument, under Rule 59.1 of the Texas Rules of Appellate Procedure, we grant the Department of Public Safety’s petition for review and remand to the court of appeals for reconsideration in light of Míreles.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Steven Vincent Davis’ driver’s license was administratively suspended based upon evidence that his alcohol concentration was 0.138 and 0.144 about an hour and a half after his arrest for drunk driving. The county court at law reversed the administrative decision, and the court of appeals affirmed in a memorandum decision. See Tex.R.App. P. 47.1. The court of appeals affirmed based upon its original decision in Míreles v. Texas Department of Public Safety, which was then pending on rehearing. After the decision in this case became final, the court of appeals withdrew its decision in Múreles and reversed its prior decision. See Mireles v. Texas Dep’t of Pub. Safety, 993 S.W.2d 426 (Tex.App.—San Antonio 1999), aff'd, 9 S.W.3d 128 (Tex.1999). Today, we affirm the Mireles opinion on rehearing. Accordingly, without hearing oral argument, under Rule 59.1 of the Texas Rules of Appellate Procedure, we grant the Department of Public Safety’s petition for review and remand to the court of appeals for reconsideration in light of Míreles.

Cite This Page — Counsel Stack

Bluebook (online)

9 S.W.3d 132, 43 Tex. Sup. Ct. J. 168, 1999 Tex. LEXIS 123, 1999 WL 1135128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-department-of-public-safety-v-davis-tex-1999.

Opinion

Related

Cite This Page — Counsel Stack