STATE v. JANSEN

23445

305 S.C. 320 (1991)

408 S.E.2d 235

STATE of South Carolina, Appellant v. Paul Ernest JANSEN, Respondent.

Supreme Court of South Carolina.

Decided August 5, 1991.


Attorney(s) appearing for the Case

Ester F. Haymond, Lexington County Sheriff's Dept., Lexington, for appellant.

Richard J. Breibart, Lexington, for respondent.


Heard June 10, 1991.

Decided August 5, 1991.

TOAL, Justice:

This appeal involves the suppression of evidence in a DUI trial. At a pretrial hearing, the magistrate held that due to the police officers' failure to take all the precautions necessary to insure a valid breathalyzer test, the defendant's refusal to submit to that test was not admissible at trial. The circuit court judge affirmed the suppression, and the State appeals. We reverse.

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