Texas Department of Public Safety v. Allocca

ON MOTION FOR REHEARING

DIANE M. HENSON, Justice.

We overrule the appellants’ motion for rehearing, withdraw our opinion and judgment issued August 31, 2009, and substitute the following in its place.

The Texas Department of Public Safety (the Department) appeals from the trial court’s' order reversing an administrative decision rendered by the State Office of Administrative Hearings (SOAH), authorizing suspension of appellee Frank Alloc-ca’s driver’s license. The trial court reversed and restored Allocca’s driving privileges based on a determination that the administrative decision was not sup*366po…