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CITY OF ORANGEBURG v. CARTER

23310

303 S.C. 290 (1991)

400 S.E.2d 140

CITY OF ORANGEBURG, Appellant v. Angus F. CARTER, III, Respondent.

Supreme Court of South Carolina.

Decided January 21, 1991.

Attorney(s) appearing for the Case

James F. Walsh, Jr., Orangeburg, for appellant.

Bradley C. Hutto, of Williams & Williams, Orangeburg, and Reese I. Joye, Jr., North Charleston, for respondent.

Heard April 15, 1990.

Decided Jan. 21, 1991.

GREGORY, Chief Judge:

Respondent was convicted in municipal court of first offense driving under the influence (DUI) under S.C. Code Ann. § 56-5-2930 (Supp. 1989). He was fined $268.00. On appeal, the circuit court reversed the conviction. We reverse.

First, the circuit court held respondent's arrest was illegal because the arresting officer had no...

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