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STATE v. SALISBURY

No. 25230.

343 S.C. 520 (2001)

541 S.E.2d 247

The STATE of South Carolina, Respondent, v. Elliott G. SALISBURY, Jr., Petitioner.

Supreme Court of South Carolina.

Decided January 16, 2001.

Attorney(s) appearing for the Case

Stephen P. Groves, Sr., Stephen L. Brown, Young, Clement, Rivers & Tisdale, L.L.P., Charleston, John L. Drennan, Joye Law Firm, L.L.P., North Charleston, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Columbia, Solicitor Walter M. Bailey, Jr., Summerville, for respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

TOAL, Chief Justice:

Elliott G. Salisbury, Jr. ("Salisbury") appeals the Court of Appeals' decision he was not entitled to a circumstantial evidence jury charge at his trial for driving under the influence ("DUI"). We affirm.

FACTUAL/PROCEDURAL BACKGROUND

At Salisbury's trial for DUI, the State's case consisted of the following evidence. In Dorchester County on December 23, 1995, three Highway...

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