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SOUTH CAROLINA DEPT. OF MOTOR VEHICLES v. BROWN

No. 27346.

406 S.C. 626 (2014)

753 S.E.2d 524

SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, Respondent, v. Phillip Samuel BROWN, Petitioner.

Supreme Court of South Carolina.

Decided January 8, 2014.

Rehearing Denied February 6, 2014.

Attorney(s) appearing for the Case

Heath Preston Taylor , of Taylor Law Firm, LLC, of West Columbia, for Petitioner.

Frank L. Valenta, Jr. , Linda Annette Grice , and Philip S. Porter , all of South Carolina Department of Motor Vehicles, of Blythewood, for Respondent.

Chief Justice TOAL.

The South Carolina Department of Motor Vehicles (the Department) suspended Phillip Samuel Brown's (Petitioner) driver's license following his arrest for driving under the influence (DUI).1 The Hearing Officer for the South Carolina Office of Motor Vehicles Hearings ("OMVH") rescinded the suspension on the ground that the arresting officer failed to present reliable evidence that the breathalyzer test was administered...

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