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KELLY v. SOUTH CAROLINA DEPT. OF HIGHWAYS

No. 2558.

474 S.E.2d 443 (1996)

Bruce Wade KELLY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS (now known as the Department of Public Safety), Respondent.

Court of Appeals of South Carolina.

Decided August 19, 1996.

Attorney(s) appearing for the Case

Thomas K. Fowler, Jr., Columbia, for appellant.

Joseph H. Lumpkin, Jr., Columbia, for respondent.

GOOLSBY, Judge:

This is an appeal by Bruce Wade Kelly under S.C.Code Ann. § 1-23-380 (1986 and Supp.1995) of an administrative decision by the South Carolina Department of Highways to suspend Kelly's driving privileges because of his refusal to take a breathalyzer test. The circuit court affirmed the suspension. We do likewise.1

Kelly was arrested for driving under the influence within the city limits of Newberry, South Carolina...

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