From Casetext: Smarter Legal Research

Texas Dept., Pub. Saf. v. Burns

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Aug 19, 2004
No. 13-03-129-CV (Tex. App. Aug. 19, 2004)

Opinion

No. 13-03-129-CV

Memorandum Opinion delivered and Filed August 19, 2004.

On appeal from the County Court at Law No. 1 of Nueces County, Texas.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.


MEMORANDUM OPINION


Appellee, John Patrick Burns, was cited as a minor for driving under the influence. Following a hearing, an administrative law court determined that the State had adequately proved the requirements of section 525.035 of the transportation code and suspended appellee's license for a period of sixty days. TEX. TRANS. CODE ANN. §§ 524.022(b)(1), 524.035 (Vernon Supp. 2004). Appellee subsequently appealed this decision to the county court, which reversed the administrative court's decision after concluding that the judgment was "not reasonably supported by substantial evidence." Appellant, the Texas Department of Public Safety, contends that the evidence was sufficient to support the administrative court's ruling. Because we find that more than a scintilla of evidence supports the administrative court's initial ruling, we sustain appellant's issue and reverse the order of the trial court.

Administrative-license-revocation decisions are reviewed for substantial evidence. See TEX. TRANS. CODE ANN. § 524.041 (Vernon 1999); TEX GOV'T CODE ANN. § 2001.174 (Vernon 2000); Mireles v. Tex. Dep't of Pub. Safety, 9 S.W.3d 128, 131 (Tex. 1999). In evaluating a decision by an administrative court under the substantial evidence standard, a court should not substitute its own judgment for that of the agency. Mireles, 9 S.W.3d at 131; Tex. Health Facilities v. Charter Medical-Dallas, Inc., 665 S.W.2d 446, 452 (Tex. 1984). The administrative court's decision need not be "correct," but it must rest on a reasonable basis. Mireles, 9 S.W.3d at 131; City of El Paso v. Public Util. Comm'n, 883 S.W.2d 179, 185 (Tex. 1994). Any quantum of evidence greater than a scintilla is sufficient to affirm a ruling. R.R. Comm'n of Tex. v. Torch Operating Co., 912 S.W.2d 790, 792-793 (Tex. 1995). Moreover, substantial evidence may exist where a preponderance of the evidence militates against the administrative decision. Mireles, 9 S.W.3d at 131; R.R. Comm'n of Tex., 912 S.W.2d at 793.

After reviewing the record, we conclude that the administrative court's ruling is supported by substantial evidence and should not have been reversed by the county court. An administrative court should revoke a minor's license if the State proves by a preponderance of the evidence that (1) the person is a minor, (2) the minor had a detectable amount of alcohol in his or her system, (3) while operating a motor vehicle, (4) in a public place, and (5) reasonable suspicion to stop or probable cause to arrest the person existed. TEX. TRANS. CODE ANN. § 524.035 (Vernon Supp. 2004). In this case, appellant produced more than a scintilla of evidence on each of these factors. Officer Strasheim's report stated that he observed appellee, a minor, driving recklessly, changing lanes unsafely, and speeding (driving 55 mph in a 35 mph zone) on a public road. The report also stated that Officer Strasheim smelled alcohol on appellee's breath and noticed appellee's eyes were glassy and bloodshot. Based on this information, we conclude that the county court erred by reversing the administrative court's ruling.

The judgment of the county court is reversed, and the administrative court's decision is reinstated.


Summaries of

Texas Dept., Pub. Saf. v. Burns

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Aug 19, 2004
No. 13-03-129-CV (Tex. App. Aug. 19, 2004)
Case details for

Texas Dept., Pub. Saf. v. Burns

Case Details

Full title:TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. JOHN PATRICK BURNS…

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: Aug 19, 2004

Citations

No. 13-03-129-CV (Tex. App. Aug. 19, 2004)