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RABON v. S.C. STATE HIGHWAY DEPT.

19389

258 S.C. 154 (1972)

187 S.E.2d 652

John A. RABON, Respondent, v. The SOUTH CAROLINA STATE HIGHWAY DEPARTMENT and E.P. Austin, Jr., Director, Motor Vehicle Division, Appellants.

Supreme Court of South Carolina.

March 14, 1972.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., and C. Tolbert Goolsby, Jr., Edwin B. Brading, Asst. Attys. Gen., of Columbia, for Appellants.

Messrs. Kneece, Kneece & Brown, of Columbia, for Respondent.

March 14, 1972.

LEWIS, Justice.

Respondent has twice violated Section 46-343 of the 1962 Code of Laws, which makes it unlawful to operate a motor vehicle while under the influence of intoxicants. The question to be decided is whether respondent's last violation constituted a first or second offense for the purpose of suspending his driver's license, wthin the meaning of Code Section 46-348.

Appellant, South Carolina Highway Department, is required...

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