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STATE v. LANDON

No. 26202.

370 S.C. 103 (2006)

634 S.E.2d 660

The STATE, Appellant, v. Ronald LANDON, Respondent.

Supreme Court of South Carolina.

Decided August 21, 2006.

Attorney(s) appearing for the Case

Assistant Solicitor Vince Smith, of Columbia, for appellant.

Desa Ballard and Jason B. Buffkin, of Law Offices of Desa Ballard, of West Columbia; and Joseph M. McCulloch, Jr., of Law Offices of Joseph M. McCulloch, of Columbia, for respondent.

Justice MOORE:

Respondent Landon was charged with driving under the influence (DUI) second offense. After a pre-trial hearing, the trial judge suppressed the results of Landon's breath test. The State appeals.1

FACTS

Landon was involved in an auto accident at about 8:30 a.m. on December 22, 2002. When Officer Bethea arrived on the scene more than an hour later, he noticed...

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