STATE v. KERR

No. 2799.

330 S.C. 132 (1998)

498 S.E.2d 212

The STATE, Respondent, v. John KERR, Appellant.

Court of Appeals of South Carolina.

Decided February 23, 1998.


Attorney(s) appearing for the Case

Reese I. Joye, Jr., and John L. Drennan, both of the Joye Law Firm, North Charleston; and Stephen P. Groves, and Stephen L. Brown, both of Young, Clement, Rivers & Tisdale, Charleston, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, Columbia; and Solicitor David P. Schwacke, Charleston, for respondent.

Associate General Counsel W. Baxter Harwell and General Counsel Frank L. Valenta, S.C. Dept. of Public Safety, Columbia, Amicus Curiae.


HUFF, Judge:

Appellant, John Kerr, was charged with and convicted of driving under the influence, second offense. The trial judge sentenced him to one year imprisonment and a $5,000 fine, suspended upon service of six months and payment of a $2,000 fine and one year of probation. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On the evening of February 4, 1994, appellant was involved in an automobile accident...

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