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STATE v. CUEVAS

No. 4002.

365 S.C. 198 (2005)

616 S.E.2d 718

The STATE, Appellant, v. Sergio Lopez CUEVAS, Respondent.

Court of Appeals of South Carolina.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Appellant.

Andrew J. Johnston, of Spartanburg, for Respondent.

CURETON, A.J.:

The State appeals the trial court's suppression of Sergio Cuevas's breath test results. We reverse and remand for trial.

FACTS

On August 18, 2001, Cuevas was the driver of a vehicle involved in a two-car accident, which left his victim with a broken leg. Officers gave Cuevas the implied consent warnings for felony DUI, as required by section 56-5-2945 of the South Carolina Code (Supp.2004...

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