MARTIN v. DEPARTMENT OF PUBLIC SAFETY

26072.

226 Ga. 723 (1970)

177 S.E.2d 243

MARTIN v. DEPARTMENT OF PUBLIC SAFETY et al.

Supreme Court of Georgia.

Decided September 24, 1970.


Attorney(s) appearing for the Case

J. Sidney Lanier, for appellant.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Charles B. Merrell, Assistant Attorneys General, for appellees.


PER CURIAM.

The plaintiff filed a petition in which he sought to enjoin the Department of Public Safety and named officers thereof from revoking his automobile operator's permit after his alleged refusal to submit to a breath test to determine sobriety. After hearing, the court dismissed the injunction and the plaintiff appealed. Held:

1. The judgment of the trial court did not pass upon the merits of any defense filed by the defendants and must be...

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