Burrows v. Texas Dept. of Public Safety

Decision Date05 October 1987
Docket NumberNo. 05-87-00153-CV,05-87-00153-CV
Citation740 S.W.2d 19
PartiesGrover Wayne BURROWS, Appellant, v. TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellee.
CourtTexas Court of Appeals

Tex McConathy, Dallas, for appellant.

Tom O'Connell, McKinney, for appellee.

Before WHITHAM, THOMAS and McCRAW, JJ.

McCRAW, Justice.

Grover Wayne Burrows appeals from a trial de novo in which his operator's license was suspended for ninety days for refusal to submit to the taking of a chemical breath sample.In his sole point of error, appellant contends that the State is barred from suspending his license because of double jeopardy, collateral estoppel, and res judicata.For the reasons stated below, we affirm.

Appellant was arrested for DWI, pleaded guilty and punishment was assessed at thirty days probated for two years, and a fine of $500.The court elected to require appellant to attend a DWI Education Program rather than suspend his license.Subsequently, the Texas Department of Safety(DPS) moved to suspend the appellant's license, and after a hearing, Justice of the Peace Shook suspended appellant's license under the authority of Texas Civil Statutesarticle 6687b, section 22.The appellant then filed a petition in county court at law for trial de novo, seeking to prevent the suspension of his license, pleading double jeopardy and/or collateral estoppel.The trial court conducted a de novo hearing and ordered that the appellant's license be suspended for ninety days.

In appellant's multifarious point of error, he argues that the State is barred from suspending his license due to double jeopardy, collateral estoppel, and res judicata.Appellant contends that the DWI charge and his license suspension arose from the same transaction.Appellant argues that his license was in suspension jeopardy during the DWI trial which resulted in a decision not to revoke his license; therefore, his license was then placed in jeopardy a second time during the de novo suspension hearing.We disagree.

The administrative proceedings under section 22 of article 6687b are essentially civil in nature and not criminal prosecutions.Texas Department of Public Safety v. Casselman, 417 S.W.2d 146, 147(Tex.1967), quotingPadillo v. State, 159 Tex.Crim. 435, 264 S.W.2d 715(1954);seeRobinson v. Texas Department of Public Safety, 586 S.W.2d 604, 605(Tex.Civ.App.--Austin1979);see alsoDavenport v. State, 574 S.W.2d 73, 75(Tex.Crim.App.1978);Hill v. State, 480 S.W.2d 200, 202-03(Tex.Crim.App.1971)...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
15 cases
  • State v. Brabson
    • United States
    • Texas Court of Criminal Appeals
    • February 25, 1998
    ...motion to suppress. On the Dallas County District Attorney's direct appeal, the Court of Appeals, relying on Burrows v. Texas Dept. of Public Safety, 740 S.W.2d 19, 20-21 (Tex.App.--Dallas 1987, no pet.), reversed the trial court's ruling, and held that collateral estoppel does not arise fr......
  • State v. Brabson
    • United States
    • Texas Court of Criminal Appeals
    • February 25, 1998
    ...motion to suppress. On the Dallas County District Attorney's direct appeal, the Court of Appeals, relying on Burrows v. Texas Dept. of Public Safety, 740 S.W.2d 19, 20-21 (Tex.App.--Dallas 1987, no pet.), reversed the trial court's ruling, and held that collateral estoppel does not arise fr......
  • Reynolds v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 15, 1999
    ...of driver's license not criminal "punishment" for double jeopardy purposes); Showery, 814 S.W.2d at 202-03; Burrows v. Texas Dept. Of Public Safety, 740 S.W.2d 19, 20-21 (Tex.App.--Dallas 1987, no pet.) (license revocation administrative proceedings are essentially civil in nature and not c......
  • State v. Maze
    • United States
    • Kansas Court of Appeals
    • February 14, 1992
    ...(1987); Price v. Reed, 725 P.2d 1254, 1260 (Okla.1986); State v. Conley, 639 S.W.2d 435, 436 (Tenn.1982); Burrows v. Texas Dept. of Public Safety, 740 S.W.2d 19, 20-21 (Tex.App.1987). We also hold Maze's contention that suspension of his driver's license and conviction of driving while unde......
  • Get Started for Free