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TOWN OF FAIRFAX v. SMITH

22317

285 S.C. 458 (1985)

330 S.E.2d 290

TOWN OF FAIRFAX, Respondent, v. Earl (Van) SMITH, Appellant.

Supreme Court of South Carolina.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Daniel A. Speights, of Hampton, for appellant.

Respondent not participating.

Heard April 8, 1985.

Decided May 13, 1985.

LITTLEJOHN, Chief Justice:

The defendant-appellant, Earl (Van) Smith, was convicted of driving a motor vehicle under the influence of intoxicating liquors in the Town of Fairfax. The conviction and sentence were appealed to the Circuit Court which affirmed. Smith appeals further to this Court. We reverse.

Upon being arrested, Smith consented to the breathalyzer test and pursuant to § 56-5-2950...

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