Burson v. Collier

Almand, Chief Justice.

This case is an appeal from an order entered on January 15, 1970, declaring void an order entered by the Department of Public Safety, which suspended the appellee’s driver’s license. The court also enjoined the Department from proceeding further against the appellee. The appellee’s license was suspended for refusing to take a breath test for alcohol content, which consists of blowing up a balloon.(a) The first question raised by the appellant has to do with whether or not the superior court exceeded its jurisdiction in reversing the judgment of the agency.

Appellant…