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STATE v. ROWLANDS

No. 3269.

343 S.C. 454 (2000)

539 S.E.2d 717

STATE of South Carolina, Appellant, v. Michelle A. ROWLANDS, Respondent.

Court of Appeals of South Carolina.

Decided December 11, 2000.

Attorney(s) appearing for the Case

Deputy County Attorney Thomas E. Lynn, of North Charleston, for appellant.

T. Kirk Truslow, of North Myrtle Beach, for respondent.

GOOLSBY, Judge:

The magistrate's court dismissed a driving under the influence charge against Michelle A. Rowlands on the basis of double jeopardy. The circuit court affirmed. The State appeals, arguing Rowland's prosecution is not barred by double jeopardy and the circuit court erred in affirming the magistrate's exclusion of evidence that Rowlands refused to take a blood test. We affirm.

FACTS/PROCEDURAL BACKGROUND

February 9, 1997, Rowlands...

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