Legal Opinion
Peake v. South Carolina Department of Motor Vehicles
Court of Appeals of South Carolina
Decided November 27, 2007No. 4313PublishedCited by 9 opinions
1Opinion of the Court
ANDERSON, J.:
Following a single car accident, John D. Peake (Peake) was arrested at the hospital for driving under the influence. He refused to consent to a blood alcohol test and, as a result, the South Carolina Department of Motor Vehicles (the Department) suspended his driver’s license. The suspension was affirmed at an administrative hearing and on appeal to the circuit court. We reverse.
FACTUALIPROCEDURAL BACKGROUND
On February 5, 2005, Trooper J.T. Manley of the South Carolina Highway Patrol responded to a one car accident on 1-26 in Charleston County. He found Peake, the sole occupant…
2Cases cited40 opinions
- Lark v. Bi-Lo, Inc.Supreme Court of South Carolina · 1981
- Kiriakides v. United Artists Communications, Inc.Supreme Court of South Carolina · 1994
- TNS Mills, Inc. v. South Carolina Department of RevenueSupreme Court of South Carolina · 1998
- Hitachi Data Systems Corp. v. LeathermanSupreme Court of South Carolina · 1992
- Palmetto Alliance, Inc. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1984
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3Cited by9 opinions
- Original Blue Ribbon Taxi Corp. v. South Carolina Department of Motor VehiclesCourt of Appeals of South Carolina · 2008
- South Carolina Coastal Conservation League v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2008
- Sanders v. S.C. Dep't of Motor VehiclesCourt of Appeals of South Carolina · 2019
- Chisolm v. South Carolina Department of Motor VehiclesCourt of Appeals of South Carolina · 2013
- SC Department of Consumer Affairs v. Cash CentralCourt of Appeals of South Carolina · 2021
4 more not listed; retrieve them via the Exa API.