DeWitt v. South Carolina Department of Highways & Public Transportation

This appeal is from an order enjoining appellant South Carolina Department of Highways and Public Transportation from imposing against respondent James DeWitt the civil sanctions for driving under the influence of alcohol, second offense. We reverse.

Respondent was convicted on June 8, 1970, in Magistrate’s Court of driving under the influence of alcohol, first offense. He did not seek appellate review of that conviction.

On May 19, 1978, respondent was tried in Chesterfield County Court of General Sessions on a charge of driving under the influence, second offense. At this trial, the judge…