Texas Department of Public Safety v. Silva

OPINION

CATHERINE STONE, Justice.

The Texas Department of Public Safety (TDPS) appeals the judgment of the trial court, which affirmed an administrative law judge’s denial of license suspension. The administrative law judge (ALJ) excluded the arresting officer’s report which was offered to establish probable cause to arrest Frederi-co Silva, and to show that Silva was asked to submit a breath specimen, but refused. Because we hold that the arresting officer’s report was improperly excluded, we reverse the trial court’s judgment.

Factual Backgkound

On July 25, 1997, San Antonio police officer De…