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Click here for the full text of this decision While the DIC-23 was not sworn to before a notary public, the document indicates that the oath was administered by a peace officer, which is permissible under Texas Government Code �602.002(15). FACTS:Linda Samuels-Wickham was arrested for drunken driving in October 2002 after performing poorly on field sobriety tests and showing other signs of intoxication. Her alcohol testing specimen was over the .08 limit. At her administrative hearing, Samuels-Wickham objected the introduction into evidence of the peace officer’s sworn report, called a DIC-23. She said the report was not properly notarized and constituted hearsay that fell outside the public records exception to the hearsay rule. The administrative law judge overruled the objections and offered to consider more objections, but Samuels-Wickham did not offer any others. The ALJ suspended Samuels-Wickham’s driver’s license for 90 days. Samuels-Wickham appeals. HOLDING:Affirmed. The court points out that under Government Code �602.002, a peace officer may administer an oath to an officer engaged in the performance of his or her duties and the oath relates to the officer’s duties. Though the DIC-23 was not sworn to before a notary public, it otherwise indicates that the oath was administered by a peace officer. The court finds several cases in support of the conclusion that T.R.Evid. 803(8), the public records exception to hearsay, allows the admission of DIC-23 reports. The other grounds Samuels-Wickham raises on appeal are waived because she did not raise them at her hearing. OPINION:Holman, J.

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