Department of Public Safety v. Orr

Evans, Judge.

This case is almost identical on its facts with that of Burson v. Collier, 226 Ga. 427 (175 SE2d 660), recently decided by the Supreme Court, which holds that where the stat ute fails to set out what constitutes a complete breath alcohol test, a showing that the driver of the automobile did not complete the test within the judgment of the operator is not evidence of a "refusal to submit,” within the contemplation of the statute. Ga. L. 1968, p. 448, §47A (Code Ann. §68-1625.1). The evidence here being that the driver has never been able to blow up a balloon since he developed…