Legal Opinion

Phillips v. Texas Department of Public Safety

Texas Court of Appeals, 9th District (Beaumont)

Decided March 8, 2012No. 09-11-00143-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVID GAULTNEY, Justice.

Reid Alan Phillips appeals an order suspending his driver’s license. Phillips contends he should have been allowed to subpoena the breath test technical supervisor to testify at the suspension proceeding. We hold that, because the administrative law judge could reasonably conclude Phillips did not show good cause for the subpoena, the judge did not abuse his discretion in denying the request.

The Facts

While driving on a highway, Phillips attempted to avoid an object in the road and lost control of the vehicle. Raymond Adams, the investigating officer, noticed…

2Cases cited14 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. Mireles v. Texas Department of Public SafetyTexas Supreme Court · 1999
  3. Mata v. StateCourt of Criminal Appeals of Texas · 2001
  4. Tharp v. StateCourt of Criminal Appeals of Texas · 1996
  5. Richardson v. City of PasadenaTexas Supreme Court · 1974

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lampkin, EsawTexas Supreme Court · 2015
  2. Robert Franklin Hodge v. Tex. Dept of Pub. Safety, Texas Court of Appeals, 1st District (Houston)2013
  3. Texas Department of Public Safety v. Jeffrey Allen Soto, Texas Court of Appeals, 14th District (Houston)2024

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