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MOSES v. S.C. HIGHWAY DEPT.

19398

258 S.C. 233 (1972)

187 S.E.2d 888

Henry Earl MOSES, Jr., Respondent, v. The SOUTH CAROLINA HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

April 4, 1972.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., and Joel E. Gottlieb, Asst. Atty. Gen., of Columbia, for Appellant.

E. Lee Morgan, Esq., of Hyman, Morgan, Brown & Blalock, Florence, for Respondent.

April 4, 1972.

MOSS, Chief Justice:

Henry, Earl Moses, Jr., the respondent herein, was arrested on January 29, 1971, by a South Carolina highway patrolman and charged with the operation of a motor vehicle while under the influence of intoxicating liquor, in violation of Section 46-343 of the Code. After being arrested, the respondent was offered an opportunity to submit to a breathalyzer test in accordance with Section 46-344 of the Code, as amended, being...

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