February 13, 2012

Mr, John Ferguson

Assistant General Counsel

Texas Department of Public Safety

P.O. Box 4087

Austin, Texas 78773

OR2012-02244

Re: Request for the complete DPS file regarding the investigation of an accident on 10/16/2010 involving named individuals; Request includes: police, accident, and Texas Peace Officer crash reports, witness statements, final major accident investigation fatality report, investigation notes, photographs, video, patrol car recordings, 911 or dispatch audio recording, autopsy or toxicology reports, and any drug and alcohol screen completed on the driver; PIR #12-0242; Requestor Ref #077-011097

Dear Mr. Ferguson:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 450264.

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 information marked as "552.108" may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the information and have determined that in accordance with section 552.108(a)(1) you may withhold some of the information marked as "552.108." However, you must release the basic information, including a detailed description of the offense, pursuant to section 552.108(c). We agree you must withhold the marked motor vehicle record information in accordance with section 552.130 of the Government Code.

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

cc: Requestor

(w/o enclosures)

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