Texas Department of Public Safety v. Kimbrough

OPINION

JOHN CAYCE, Chief Justice.

The Texas Department of Public Safety (DPS) appeals the trial court’s judgment affirming the decision of an administrative law judge (ALJ) that the evidence was insufficient to authorize suspension of James Norris Kimbrough’s driver’s license. Because we conclude that DPS’s substantial rights were prejudiced by the ALJ’s erroneous decision to exclude two officers’ reports, we will reverse and remand.

In February 2002, Kimbrough was arrested for driving while intoxicated. Kim-brough failed three field sobriety tests and refused to take a breathalyzer test after…