Texas Department of Public Safety v. Kusenberger

OPINION

Opinion by:

ALMA L. LOPEZ, Justice.

This court’s opinion and judgment dated May 10, 2000, were withdrawn by order dated May 19, 2000. This court’s opinion and judgment dated March 24, 1999 are withdrawn, and this opinion and judgment are substituted. Appellant’s motion for rehearing is granted.

The appellant, the Texas Department of Public Safety (DPS), appeals the trial court’s judgment reversing an administrative law judge’s order suspending the driv*156er’s license of the appellee, Alyn Raye Kusenberger. The trial court reasoned that substantial evidence did not exist that Kusenberger…