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STATE v. NEWTON

21147

274 S.C. 287 (1980)

262 S.E.2d 906

The STATE, Respondent, v. Wesley NEWTON, Appellant.

Supreme Court of South Carolina.

February 12, 1980.

Attorney(s) appearing for the Case

Warren & Pitts, Allendale, for appellant.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes, and Staff Attys. Buford S. Mabry, Jr., and Harold M. Coombs, Jr., Columbia, and Sol. Randolph Murdaugh, III, Hampton, for respondent.

February 12, 1980.

RHODES, Justice:

This is an appeal from a conviction of driving under the influence of alcohol, second offense. We affirm.

Following his arrest, appellant was taken to the Hampton County Jail, where he consented to the administration of a breathalyzer test. After testing the breathalyzer with a standard simulator ampoule and obtaining a reading equal to the percent of alcohol in the simulator solution (0.10 percent), the test was...

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