STATE v. SQUIRES

No. 23765.

426 S.E.2d 738 (1992)

The STATE, Respondent, v. Linda Sue SQUIRES, Appellant.

Supreme Court of South Carolina.

Decided December 21, 1992.


Attorney(s) appearing for the Case

Michael G. Nettles, of Nettles, Turbeville and Reddick, Lake City, for appellant.

Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Alexandria Broughton Skinner, Columbia, and Dudley Saleeby, Jr., Sol., Twelfth Judicial Circuit, Florence, for respondent.


HARWELL, Chief Justice:

We are asked to decide whether infrared spectroscopy constitutes a "chemical test" as contemplated by the implied consent statute, S.C.Code Ann. § 56-5-2950 (1991). We conclude that it does, and, in so doing, affirm appellant Linda Sue Squires's conviction for driving under the influence.

I. FACTS

Early in the morning of December 1, 1991, a highway patrolman observed Squires driving erratically on a public roadway. He...

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