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SUMTER POLICE DEPT. v. BLUE MAZDA TRUCK

No. 2808.

330 S.C. 371 (1998)

498 S.E.2d 894

CITY OF SUMTER POLICE DEPARTMENT, Appellant, v. ONE (1) 1992 BLUE MAZDA TRUCK (VIN # JM2UF1132N0294812), Owner of Record: Stevie L. Ratcliff, Respondent.

Court of Appeals of South Carolina.

Decided March 16, 1998.

Attorney(s) appearing for the Case

Martha McElveen Horne, of City of Sumter Police Department, and Terrell T. Home, of Bryan, Bahnmuller, Goldman & McElveen, Sumter, for Appellant.

Kenneth R. Young, Jr., of Young, Young & Reiter, Sumter, for Respondent.

ANDERSON, Judge:

This is a statutory construction case involving S.C.Code Ann. § 56-5-6240 (Supp.1997). The statute provides for civil forfeiture of a driver's vehicle upon conviction for "a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI)." The circuit court held the statute requires a conviction for DUI, fourth offense, before imposition of forfeiture

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