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MILLER v. GA. DEPT. OF PUBLIC SAFETY

S94A1230.

265 Ga. 62 (1995)

MILLER v. GEORGIA DEPARTMENT OF PUBLIC SAFETY.

Supreme Court of Georgia.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Van C. Wilks, for appellant.

Michael J. Bowers, Attorney General, Daryl A. Robinson, Senior Assistant Attorney General, J. Philip Ferrero, Assistant Attorney General, for appellee.

SEARS, Justice.

The appellee, Georgia Department of Public Safety (DPS), has filed a motion to dismiss this direct appeal on the ground that the appellant, Walker Miller, was required to file an application to appeal under OCGA § 5-6-35 (a). We agree with the DPS, and dismiss the appeal.

After Miller was arrested for driving under the influence of alcohol, he refused to submit to a state-administered test to determine...

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