Legal Opinion

Untitled Texas Attorney General Opinion

Texas Attorney General Reports

Decided July 2, 1973No. H-164Published

1Opinion of the Court

AUSTIN. TFCS 78711 November 29, 1973 The Honorable Robert W. Gage Opinion No. H- 164 County Attorney Freestone County Re: Testimony by affidavit Fairfield, Texas 75840 in driver’s license suspension hearings Dear Mr. Gage: You have asked our opinion concerning the admissibility of an officer’s affidavit in a driver’s license suspension proceeding under Article 802f. Vernon’s Texas Penal Code, the “implied consent” law. Section 2 of that article provides in part: “If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical breath test designated by…

2Cases cited7 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. Gillaspie v. Department of Public SafetyTexas Supreme Court · 1953
  3. Texas Department of Public Safety v. RichardsonTexas Supreme Court · 1964
  4. Traders & General Ins. Co. v. LincecumCourt of Appeals of Texas · 1939
  5. Department of Public Safety v. GulekeCourt of Appeals of Texas · 1963

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