Cleo Elizabeth McKinley Cearley v. Sue Burgess

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-08-00659-CV Texas Department of Public Safety, Appellant v. Stephen Joseph Caruana, Appellee FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY NO. 12,077-C, HONORABLE HOWARD S. WARNER, II, JUDGE PRESIDING MEMORANDUM OPINION The Texas Department of Public Safety (“the Department”) appeals from the trial court’s order reversing the administrative suspension of appellee Stephen Caruana’s driver’s license. The Department argues that the trial court erred in reversing the suspension because the arresting officer’s unsworn incident report…