Texas Department of Public Safety v. Armando Cardenas
13-15-00091-CV
Tex. App.Apr 23, 2015Background
- On May 17, 2014 Hidalgo County Deputy Castellano stopped Armando Cardenas for vehicle lighting issues (high beams not dimmed and a rear license-plate lamp out).
- At the scene Cardenas smelled of alcohol, had slurred speech, bloodshot eyes, and unsteady balance; he admitted drinking and gave inconsistent statements about quantity.
- Trooper Gonzalez performed an HGN test (6 of 6 clues) and Cardenas refused a portable breath test; other SFSTs were not completed for safety concerns.
- Cardenas was arrested for DWI, was asked for an evidentiary breath specimen, and refused.
- At the SOAH administrative hearing the ALJ admitted officer reports (Castellano affidavit and Gonzalez report) under the public‑records hearsay exception and sustained a two‑year license suspension.
- The county trial court reversed the ALJ, vacating the suspension; the Department appealed contesting (1) admissibility of the reports and (2) the sufficiency of reasonable suspicion/probable cause findings.
Issues
| Issue | Plaintiff's Argument (Cardenas) | Defendant's Argument (DPS) | Held |
|---|---|---|---|
| Admissibility of officer reports under hearsay exception (Rule 803(8)) | ALJ erred / reports inadmissible; ALJ biased for citing Caruana | Reports are public records, independently admissible under Rule 803(8) and Caruana; ALJ acted within discretion | ALJ properly admitted reports (DPS argues trial court erred in reversing on this ground) |
| Reasonable suspicion for traffic stop | Stop lacked lawful basis; mere equipment violation insufficient | Lighting violations (failure to dim high beams and inoperable license‑plate lamp) provided independent lawful bases to stop | DPS: stop supported by statutory lighting violations; Vicknair distinguished where lamp wholly inoperable |
| Probable cause for DWI arrest | Alleged symptoms insufficient to establish probable cause | Officer observed multiple classic signs (odor, slurred speech, bloodshot eyes, unsteady balance), HGN 6/6, refusal of PBT — totality supports probable cause | DPS: probable cause exists; trial court erred if it reversed on lack of probable cause |
| Sufficiency of evidence for ALR elements (arrest/request/refusal) | — | Arrest, request for specimen, and refusal are undisputed and satisfied statutory elements | DPS: SOAH findings supported suspension; substantial‑evidence standard applies |
Key Cases Cited
- Tex. Dep't of Pub. Safety v. Caruana, 363 S.W.3d 558 (Tex. 2012) (public‑record hearsay exception applies to ALR hearings; admissibility of DPS reports)
- Vicknair v. State, 751 S.W.2d 180 (Tex. Crim. App. 1986) (distinguishes de minimis lamp defects from failures that justify stop)
- Cotton v. State, 686 S.W.2d 140 (Tex. Crim. App. 1985) (classic symptoms of intoxication and SFST relevance)
- Tex. Dep't of Pub. Safety v. Gilfeather, 293 S.W.3d 875 (Tex. App.—Fort Worth 2009) (refusal and physical signs are factors in probable‑cause/totality analysis)
- Amador v. State, 275 S.W.3d 872 (Tex. Crim. App. 2009) (probable cause standard description)