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Georgia Dep't of Pub. Safety v. Robinette

O.C.G.A. § 40-5-67.1 g 2 F requires a showing that chemical testing was properly administered to support the administrative suspension of a driver's license for suspected DUI.

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Following his DUI arrest, Mark Robinette requested a hearing on the administrative suspension of his driver’s license. An administrative law judge “ALJ” held an evidentiary hearing, and then sustained the license suspension. Robinette filed a petition for judicial review with the superior court. The superior court reversed the ALJ’s ruling because the test result slip from the breath testing device was not introduced into evidence at the administrative hearing. Pursuant to our grant of their application for a discretionary appeal, the Georgia Department of Public Safety the “Department”, and its Commissioner, Colonel Sid Miles, appeal the judgment of the superior court. We affirm because the evidence did not show that Robinette’s breath test was properly administered.

The superior court sits as an appellate court when reviewing an ALJ’s ruling upholding a license suspension. See Miles v. Smith, 239 Ga. App. 641 1 521 SE2d 687 1999. “In turn, in reviewing a superior court’s order in a case under the Administrative Procedure Act, our function is to determine whether the superior court has in its own final ruling committed an error of law. Cit.” Punctuation omitted. Miles v. Carr, 224 Ga. App. 247 480 SE2d 282 1997. The ALJ’s ruling will be upheld if there was any evidence to support it. Miles v. Smith, 239 Ga. App. 641.

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