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Miles v. Ahearn

Because any issue surrounding the Department of Public Safety's receipt of arresting officer's statement swearing that he had reasonable grounds to make DUI arrest is outside the scope of the administrative hearing on a challenge to a license suspension, the superior court erred in ruling that the ALJ could not determine whether the suspension was proper until the DFS submitted the officer's sworn statement.

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Laura Tracy Ahearn was arrested for driving under the influence of alcohol. After she refused to take a breath test, the Department of Public Safety suspended her driver’s license. Ahearn requested a hearing before an administrative law judge ALJ, who affirmed the suspension. Ahearn then appealed to the superior court, which reversed the suspension on the ground that the Department failed to offer into evidence at the hearing the sworn report of the police officer who arrested Ahearn. The Department appeals that ruling, and we reverse.

Before detailing the facts of this case, it is helpful to explain the statutory background. Under Georgia law, a motorist who is arrested for driving under the influence of alcohol is deemed to have consented to chemical testing of her bodily substances to determine the presence of alcohol.1 If she refuses to submit to such testing, the law enforcement officer who requested the test must submit a sworn report to the Department

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