Balios v. Texas Department of Public Safety

733 S.W.2d 308 (1987)

John BALIOS, Appellant,

v.

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.

No. 07-86-0131-CV.

Court of Appeals of Texas, Amarillo.

May 26, 1987.

Rehearing Denied June 23, 1987.

Gordon Treadway, Lubbock, for appellant.

Ruth Cantrell, Asst. Criminal Dist. Atty., Lubbock, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

COUNTISS, Justice.

This is an appeal from a summary judgment suspending for 90 days the driver's license of appellant John Balios. Appellee, the Texas Department of Public Safety ("DPS") sought, and obtained, the suspension because Balios refused to take a…