Texas Department of Public Safety v. Moore

OPINION

JANE BLAND, Justice.

The Texas Department of Public Safety (“the DPS”) appeals an order from the county court, affirming an administrative law judge’s decision denying the DPS’s petition to suspend appellee Jerry Moore’s driver’s license, based upon Moore’s necessity defense. We hold that the facts found by the administrative law judge do not establish a necessity defense as a matter of law, and therefore reverse and remand.

Facts

On December 30, 2001, Moore telephoned his wife, Mary Moore, and asked that she drive to his sister’s mobile home to give him a ride home. Mary Moore testified…