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STATE v. SMITH

No. 24588.

326 S.C. 39 (1997)

482 S.E.2d 777

The STATE, Petitioner, v. Charlie S. SMITH, Respondent.

Supreme Court of South Carolina.

Decided March 10, 1997.

Rehearing Denied April 2, 1997.

Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General John W. Mcintosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Caroline Callison Tiffin, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for petitioner.

Robert T. Williams, Sr., of Williams & Brink, of Lexington, for respondent.

MOORE, Justice:

We granted the State's petition for a writ of certiorari to review the Court of Appeals' decision in State v. Smith, 321 S.C. 13, 467 S.E.2d 110 (Ct.App.1996). We reverse.

FACTS

Respondent Charlie E. Smith was convicted of driving under the influence (DUI), third offense. He was arrested near Leesville in May 1993 by Trooper Mark Bullard. He was transported to the Batesburg Police...

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