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STATE v. GOODSTEIN

21733

278 S.C. 125 (1982)

292 S.E.2d 791

The STATE and The Department of Highways and Public Transportation, Appellants, v. Arnold S. GOODSTEIN, Respondent.

Supreme Court of South Carolina.

June 15, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, and Asst. Attys. Gen. Lindy P. Funkhouser and Harold M. Coombs, Jr., Columbia, for appellants.

G. Dan Bowling, Charleston, for respondent.

June 15, 1982.

LEWIS, Chief Justice:

Respondent, Arnold S. Goodstein, was convicted in Magistrate's Court for driving a motor vehicle while under the influence of intoxicants, first offense. On appeal to the circuit court, his conviction and the suspension of his license for refusal to take a breathalyzer test were reversed upon the ground that his arrest was illegal. The State now appeals from the order reversing...

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