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CUMMINGS v. S.C. STATE HIGHWAY DEPT.

20707

271 S.C. 89 (1978)

245 S.E.2d 127

Odis CUMMINGS, Respondent, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

June 7, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Richard P. Wilson, Columbia, for appellant.

Walter W. Brooks, Columbia, for respondent.

June 7, 1978.

NESS, Justice:

This appeal is from an order refusing to re-open a DUI case and upholding a previous order amending the period of suspension imposed by appellant South Carolina Highway Department. We reverse.

Respondent Cummings was convicted of DUI (second offense) on May 22, 1973. For reasons not revealed in the record, the conviction was not reported to the Highway Department until three years later. Although respondent's conviction...

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