Hardison v. Sellers

Birdsong, Judge.

This appeal is from the superior court’s reversal of the six-month *328suspension of appellee’s driver’s license because of his alleged refusal to submit to an intoximeter breath test as required by the implied consent law, OCGA § 40-5-55. Held:

1. The facts of this case are similar in many respects to the facts of Cofer v. Schultz, 146 Ga. App. 771 (247 SE2d 586). As in Cofer, “[t]he appellee requested a hearing, and a hearing officer found that the appellee had, in fact, refused [to take the test], notwithstanding the appellee’s assertion that he had not refused to take the test,…