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SUMMERSELL v. S.C. DEPT. OF PUBLIC SAFETY

No. 2934.

334 S.C. 357 (1999)

513 S.E.2d 619

John Patrick SUMMERSELL, Appellant, v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Respondent.

Court of Appeals of South Carolina.

Decided February 1, 1999.

Rehearing Denied March 27, 1999.

Attorney(s) appearing for the Case

L. Scott Harvin, of Hetrick Law Firm, of Walterboro, for Appellant.

Senior Assistant General Counsel Patrick M. Teague and General Counsel Frank L. Valenta, Jr., both of South Carolina Department of Public Safety, of Columbia, for Respondent.

ANDERSON, Judge:

John Patrick Summersell was arrested for driving under the influence. He refused to submit to a breathalyzer test. As a result, the South Carolina Department of Public Safety (the Department) suspended Summersell's driving privileges. Upon Summersell's request, the Department held an administrative hearing for the purpose of determining whether the Department properly suspended Summersell's license because...

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