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STATE v. ELWELL

No. 4912.

396 S.C. 330 (2011)

721 S.E.2d 451

The STATE, Appellant, v. Justin ELWELL, Respondent.

Court of Appeals of South Carolina.

Decided November 23, 2011.

Rehearing Denied February 16, 2012.

Attorney(s) appearing for the Case

Solicitor Douglas A. Barfield, Jr. , of Lancaster, for Appellant.

Michael Langford Brown, Jr. , of Rock Hill, for Respondent.

THOMAS, J.

The State appeals the dismissal of the charge against Justin Elwell for driving under the influence of alcohol (DUI), second offense. The State argues the trial court erred in holding the State failed to comply with subsection 56-5-2953(A)(2)(d) of the South Carolina Code (Supp.2007) by turning off a breath test video recorder after Elwell refused to take the test and before the expiration of twenty minutes. We...

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