Porter v. State ex rel. Department of Public Safety

MEMORANDUM OPINION

ADAMS, Presiding Judge.

The Department of Public Safety appeals a trial court order setting aside its revocation of Appellee Porter’s driving license. DPS claims the trial court should never have examined the merits of this revocation because Porter did not timely request an administrative hearing. In its order, the trial court avoided this procedural defect by determining DPS never properly invoked the statutory provisions because Porter was not conscious at the time he was offered the test. Because we conclude Porter received no effective notice of the revocation, the time…