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STARNES v. SOUTH CAROLINA DEPARTEMENT OF PUBLIC SAFTEY

No. 3222.

342 S.C. 216 (2000)

535 S.E.2d 665

Billy Ray STARNES, Respondent, v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Appellant.

Court of Appeals of South Carolina.

Decided July 17, 2000.

Attorney(s) appearing for the Case

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

Don S. Rushing, of Rushing & Griffith, of Lancaster, for respondent.

STILWELL, Judge:

The South Carolina Department of Public Safety suspended the driver's license of Billy Ray Starnes. The circuit court reversed the suspension, finding Department (1) lacked the authority to hold a hearing outside the ten-day time limit prescribed by statute, (2) failed to issue a written order within the required thirty-day period, and (3) submitted a breath test result based on an invalid simulator test. Department appeals and we affirm.

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