Longino v. Cofer, 56783
| Decision Date | 05 December 1978 |
| Docket Number | No. 56783,56783 |
| Citation | 148 Ga.App. 341,251 S.E.2d 113 |
| Parties | LONGINO v. COFER. |
| Court | Georgia Court of Appeals |
Thomas A. Bowman, Atlanta, for appellant.
Arthur K. Bolton, Atty. Gen., Kirby G. Atkinson, Asst. Atty. Gen., William B. Hill, Jr., Staff Asst. Atty. Gen., for appellee.
Longino was seen weaving while driving northbound on Peachtree Industrial Boulevard in Chamblee, Georgia. A Chamblee police officer stopped Longino and placed him under arrest for crossing the center line. The police officer detected an odor of alcohol on Longino's breath and noted that his face was flushed and eyes bloodshot.
Longino was advised of the provisions of the Georgia Implied Consent Law when the arresting officer read from a card which states that, The arresting officer stated that Longino refused to take the test after he was advised again that a refusal to do so would result in the suspension of his driver's license.
Longino was taken to the Chamblee police department where in front of the photo-electric intoximeter he was again advised of the Implied Consent Law and again refused to take the state administered test of his breath. Longino stated that he wanted to take a blood test and was transported to a hospital so that his family physician could administer a blood test.
The arresting officer made his sworn report of Longino's refusal to take the breath test to the Department of Public Safety as provided by Code Ann. § 68B-306(c) (Ga.L.1975, pp. 1008, 1028). Longino, when notified that his license was to be suspended, requested an administrative review. The suspension was sustained on administrative review, and Longino pursued his right to file for a judicial review of the final decision of the Department of Public Safety. This judicial review was unsuccessful, the suspension being again sustained; and Longino appeals to this court,...
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State v. Hitchens, 63969
...has "physical power" to refuse to submit to the test); State v. Riggins, 348 So.2d 1209, 1211 (Fla.App.1977); Longino v. Cofer, 148 Ga.App. 341, 343, 251 S.E.2d 113, 114 (1978); Rossell v. City & County of Honolulu, 59 Hawaii 173, 182, 579 P.2d 663, 669 (1978) ("(I)t is essential that the p......
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State v. Leviner, A94A0499
...test after repeatedly being read and allowed to read an apparently adequate advice card; it is not here controlling. In Longino v. Cofer, 148 Ga.App. 341, 251 S.E.2d 113, the primary issue was whether the motorist had refused to take the test, and not the legal effect of an inadequate impli......
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Feltham v. Cofer, 57222
...by any evidence, may not be disturbed on appeal to the superior court or this court absent some error of law. Longino v. Cofer, 148 Ga.App. 341, 343, 251 S.E.2d 113; Cofer v. Schultz, 146 Ga.App. 771(1), 247 S.E.2d 586. There being no error of law, these four enumerations of error are witho......
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