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STATE v. KIMBRELL

No. 2633.

326 S.C. 344 (1997)

481 S.E.2d 456

STATE of South Carolina, Appellant, v. Elaine B. KIMBRELL, Respondent.

Court of Appeals of South Carolina.

Decided February 10, 1997.

Attorney(s) appearing for the Case

W. Baxter Harwell and Frank L. Valenta, Jr., both of South Carolina Department of Public Safety, Columbia, for appellant.

Thomas H. White, IV, of Whitney, White, Diamaduros & Diamaduros, Union, for respondent.

HOWELL, Chief Judge.

Respondent Elaine Kimbrell was found guilty in magistrate's court of driving under the influence (DUI). The circuit court, concluding that the results of Kimbrell's blood alcohol test should have been suppressed, reversed her conviction and remanded for a new trial. The State appeals. We affirm.

I.

Kimbrell was the driver of an automobile involved in a onecar accident on February 5,...

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