Texas Department of Public Safety v. Gilfeather

OPINION ON REHEARING

BOB McCOY, Justice.

I. Introduction

After considering Appellant Texas Department of Public Safety’s motion for rehearing en banc, we grant the motion, withdraw our opinion and judgment dated March 5, 2009, and substitute the following.

In one issue, the Department challenges the trial court’s reversal of an administrative law judge’s (“ALJ”) order suspending Appellee Frank Riley Gilfeather’s driver’s license. We reverse the trial court’s judgment and render judgment reinstating the ALJ’s order.

II. Factual and Procedural History

Shortly after midnight on December 12, 2006,…