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STATE v. HENKEL

No. 5159.

404 S.C. 626 (2013)

746 S.E.2d 347

The STATE, Respondent, v. Gregg Gerald HENKEL, Appellant.

Court of Appeals of South Carolina.

Decided July 10, 2013.

Rehearing Denied August 22, 2013.

Attorney(s) appearing for the Case

C. Rauch Wise , of Greenwood, for Appellant.

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

LOCKEMY, J.

Gregg Henkel argues the trial court erred in denying his motion to dismiss his indictment for driving under the influence (DUI). Henkel contends the South Carolina Highway Patrol (SCHP) failed to comply with section 56-5-2953 of the South Carolina Code (2006), which requires the arresting officer to provide videotaping of the defendant's conduct at the incident site. We reverse.

FACTS/PROCEDURAL BACKGROUND

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