Rabon v. South Carolina State Highway Department

Lewis, Justice.

Respondent has twice violated Section 46-343 of the 1962 Code of Laws, which makes it unlawful to operate a motor vehicle while under the influence of intoxicants. The question to be decided is whether respondent’s last violation constituted a first or second offense for the purpose of suspending his driver’s license, wthin the meaning of Code Section 46-348.

Appellant, South Carolina Highway Department, is required under Section 46-348 to “suspend the driver’s license of any person who is convicted, receives sentence upon a plea of guilty or nolo contendere or forfeits bail,”…