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Failure to provide an adequate breath sample due to a physical impairment was not a refusal.

Suspension of Petitioner’s driver’s license was lifted because Petitioner presented sufficient evidence that she suffered from a physical impairment that limited her ability to provide an adequate breath sample. Thus, her inability to provide a sufficient sample could not be construed as a refusal to submit to the state-administered test.

Failure to provide an adequate breath sample due to a physical impairment was not a refusal. Read More

Administrative license suspension stipulation admissible in subsequent proceedings.

The Georgia Court of Appeals held that it was not error for the trial court to admit the Final Decision/stipulated withdrawal completed at an administrative license suspension hearing, signed by defendant’s counsel and the arresting officer.  Because the defendant benefited from the stipulation in the form of reinstatement of his license and did not claim

Administrative license suspension stipulation admissible in subsequent proceedings. Read More

Food stamp recipient administratively disqualified and required to return overpayment.

A food stamp recipient was found to have committed food stamp fraud by failing to report her husband on her food stamp application. The clear and convincing evidence, which included evidence that her husband held himself out as living at that address and that she had never initiated judicial or administrative actions to collect child

Food stamp recipient administratively disqualified and required to return overpayment. Read More

Denial of reinstatement on Wrecker Rotation List reasonable.

The Department of Public Safety (DPS) properly exercised its discretion in denying Petitioner, a wrecker service, from reinstatement on the Wrecker Rotation List for the Georgia State Patrol.  Petitioner, in applying for reinstatement, did not provide persuasive evidence of compliance with state laws.  Although the DPS Manual does not specify required documentation, DPS did not

Denial of reinstatement on Wrecker Rotation List reasonable. Read More

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