Cofer v. Schultz

Smith, Judge.

The Department of Public Safety suspended the appellee’s driver’s license for six months on the basis of appellee’s alleged refusal to take an intoximeter breath test as required by the Implied Consent Law. Ga. L. 1975, pp. 1008, 1028 (Code Ann. § 68B-306). The appellee requested a hearing, and a hearing officer found that the appellee had, in fact, refused, notwithstanding the appellee’s assertion that he had not refused to take the test, but had been rendered unable to do so by an infirmity known as hyperventilation syndrome. The appellee appealed to the superior court, which…