Shumpert v. South Carolina Department of Highways & Public Transportation

Harwell, Justice:

This case involves the constitutionality of our Implied Consent Statute, S.C. Code Ann. § 56-5-2950 (1991). The question presented is whether the last sentence of Section 56-5-2950(d) is unconstitutional because it imposes a penalty upon persons who exercise their right to a jury trial that is not imposed upon persons who plead guilty or nolo contendere, or forfeit bond, within thirty days. The trial judge found that this sentence was unconstitutional, and should be severed from the statute. We affirm.

FACTS

On August 2, 1989, respondent-appellant Perry Jones Shumpert was…