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S.C. DEPT. OF MOTOR VEHICLES v. NELSON

No. 3991.

364 S.C. 514 (2005)

613 S.E.2d 544

S.C. DEPARTMENT OF MOTOR VEHICLES (formerly Public Safety), Appellant, v. Danny Joe NELSON, Respondent.

Court of Appeals of South Carolina.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Patrick M. Teague, and Frank L. Valenta, Jr., of Columbia, for Appellant.

Danny Joe Nelson, of Fountain Inn, Pro Se Respondent.

ANDERSON, J.

Danny Joe Nelson was arrested for driving under the influence. Nelson refused to consent to a breath test offered nearly five hours after his arrest. As a result, the South Carolina Department of Motor Vehicles (the Department), formerly the Department of Public Safety, suspended Nelson's driver's license. The circuit court reversed, finding the Department failed to...

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