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WINGATE v. S.C. STATE HIGHWAY DEPT.

21388

276 S.C. 39 (1981)

274 S.E.2d 917

Jesse R. WINGATE, Respondent, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

February 4, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Richard D. Bybee and Staff Atty. Patrick M. Teague, Columbia, for appellant.

John E. Parker, Murdaugh, Peters, Parker & Eltzroth, Hampton, for respondent.

February 4, 1981.

HARWELL, Justice:

The South Carolina State Highway Department appeals the decision of the trial court judge ordering the Department to restore the suspended license of respondent Jesse R. Wingate. We reverse.

Acting upon a report submitted by one of its patrolmen who had observed the respondent, the Department, pursuant to Sectiton 56-1-270 of the Code of Laws of South Carolina (1976), required Wingate to submit to a driver's re-examination...

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