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STATE v. HERCHECK

No. 27258.

403 S.C. 597 (2013)

743 S.E.2d 798

The STATE, Petitioner, v. Ryan HERCHECK, Respondent.

Supreme Court of South Carolina.

Decided May 29, 2013.

Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr. , both of Columbia, for Petitioner.

Joseph M. McCulloch, Jr. , and Kathy Ridenoure Schillaci , of Law Offices of Joseph M. McCulloch, Jr. of Columbia, for Respondent.

Chief Justice TOAL.

This case is one of two1 heard by the Court that presents the question of whether a pre-breath test videotape recording is required upon an arrest for driving under the influence (DUI) if the arrestee refuses the breath test. At both trials, the trial court dismissed the DUI charges, finding that the arresting officers did not comply with section 56-5-2953(A)(2)(d) of the South Carolina Code by failing to videotape...

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