Legal Opinion
S.C. Department of Motor Vehicles v. Nelson
Court of Appeals of South Carolina
Decided May 23, 2005No. 3991PublishedCited by 18 opinions
1Opinion of the CourtAnderson, J.
Danny Joe Nelson was arrested for driving under the influence. Nelson refused to consent to a breath test offered nearly five hours after his arrest. As a result, the South Carolina Department of Motor Vehicles (the Department), formerly the Department of Public Safety, suspended Nelson’s driver’s license. The circuit court reversed, finding the Department failed to videotape Nelson’s breath test within three hours of arrest as required by law. The Department appeals the circuit court’s decision. We reverse. 1
FACTUALIPROCEDURAL BACKGROUND
On December 10, 2002, Deputy Jason Wilson of the…
2Cases cited16 opinions
- Lark v. Bi-Lo, Inc.Supreme Court of South Carolina · 1981
- Palmetto Alliance, Inc. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1984
- Stokes v. First National BankSupreme Court of South Carolina · 1991
- South Carolina State Highway Department v. HarbinSupreme Court of South Carolina · 1955
- Rodney v. Michelin Tire Corp.Supreme Court of South Carolina · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Taylor v. South Carolina Department of Motor VehiclesCourt of Appeals of South Carolina · 2006
- Peake v. South Carolina Department of Motor VehiclesCourt of Appeals of South Carolina · 2007
- Taylor v. South Carolina Department of Motor VehiclesSupreme Court of South Carolina · 2009
- Fragosa v. Kade Construction, LLCCourt of Appeals of South Carolina · 2013
- Shatto v. McLeod Regional Medical CenterCourt of Appeals of South Carolina · 2014
13 more not listed; retrieve them via the Exa API.