May 12, 2011

Ms. Teresa J. Brown

Senior Open Records Assistant

City of Plano Police Department

P. O. Box 860358

Plano, Texas 75086-0358

OR2011-06611

Re: Request for any and all records regarding case#11-49317; involving a named individual, DWI, for the offense which occurred on 3/25/11; ORR #TUCK041511

Dear Ms. Brown:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 422915.

After reviewing your arguments and the submitted information, we have determined your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim the submitted information may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(1) you may withhold the submitted information. However, you must release the basic information pursuant to section 552.108(c) of the Government Code. Also, we note the submitted information includes documents that may have been filed with a court. Information filed with a court is generally a matter of public record and may not be withheld from disclosure. Gov't Code § 552.022(a)(17); Star-Telegram, Inc. v. Walker, 834 S.W.2d 54 (Tex. 1992). Thus, if the information has been filed with a court, you must release the information.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

c: Requestor

(w/o enclosures)

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