Cox v. Burson

• Court: Georgia Supreme Court
• Writing for the Court: NICHOLS
• Citation: Cox v. Burson, 172 S.E.2d 406, 226 Ga. 13 (Ga. 1970)
• Decision Date: 08 January 1970
• Docket Number: No. 25520,25520
• Parties: James Edson COX v. R. H. BURSON, Director, et al.

Page 406

172 S.E.2d 406

226 Ga. 13

James Edson COX v. R. H. BURSON, Director, et al.

No. 25520.

Supreme Court of Georgia.

Jan. 8, 1970.

James C. Abernathy, Verlyn C. Baker, Decatur, for appellant.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Exec. Asst. Atty. Gen., Mathew Robins, Marion O. Gordon, Asst. Attys. Gen., Larry H. Evans, Atlanta, for appellees.

Syllabus Opinion by the Court

NICHOLS, Justice.

The motor vehicle operator's permit of James Edson Cox was suspended by the Department of Public Safety as the result of the failure of Cox to submit to a chemical test to determine the alcoholic content of his blood when requested by an officer to do so. On appeal to the Superior Court of DeKalb County, Cox attacked the constitutionality of 'Georgia Laws 1968, pages 448 to 455' and prayed that 'Georgia Code Anno. 68-1625.1' be declared unconstitution, null and void. Held:

1. If the attack be considered one on the whole Act of 1968 (Ga.L.1968, pp. 448 to 455) then the same must fail since no reasons are alleged as to why the whole Act is unconstitutional. Compare Dade County v. State of Georgia, 201 Ga. 241, 246, 39 S.E.2d 473, and citations.

2. If the attack be limited, as the prayer is limited, to an attack on 'Georgia Code Anno. 68-1625.1' then the same must fail since there is no such section in the official Code of 1933. Compare Mallard v. State, 220 Ga. 31, 136 S.E.2d 755, and citations.

Accordingly, the sole enumeration of error complaining of the overruling of appellant's motion to declare the "Implied Consent Law' (Georgia Code Anno., Sec. 68-1625.1, Georgia Laws 1968, page 448, 455) as being unconstitutional.' shows no reversible error.

Judgment affirmed.

All the Justices...