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SHUMPERT v. SCDHPT

23487

306 S.C. 64 (1991)

409 S.E.2d 771

Perry Jones SHUMPERT, Respondent-Appellant v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant-Respondent.

Supreme Court of South Carolina.

Decided October 7, 1991.

Attorney(s) appearing for the Case

Asst. Chief Counsel William L. Todd, of South Carolina Dept. of Highways and Public Transp., Columbia, for appellant- respondent.

William Y. Rast, West Columbia, for respondent-appellant.

Heard June 11, 1991.

Decided Oct. 7, 1991.

HARWELL, Justice:

This case involves the constitutionality of our Implied Consent Statute, S.C. Code Ann. § 56-5-2950 (1991). The question presented is whether the last sentence of Section 56-5-2950(d) is unconstitutional because it imposes a penalty upon persons who exercise their right to a jury trial that is not imposed upon persons who plead guilty or nolo contendere, or forfeit bond, within thirty...

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