Johnson v. State

I dissent as to Division 2 of the majority opinion and from the judgment of reversal. It is my view that the evidence as to the defendant’s refusal to- take the breatholizer test for -determining the alcoholic content of the blood was properly admitted.

Statutory history. The Uniform Traffic Act was adopted at the November-December 1958 Session of the General Assembly (Ga. L. 1953, Nov. Sess., p. 556) and §47 (which became Code Ann. § 68-1625) made it an offense to operate or drive a motor vehicle while under the influence of intoxicating beverages, and provided that "in any criminal…