Town of Fairfax v. Smith

Littlejohn, .Chief Justice:

The defendant-appellant, Earl (Van) Smith, was convicted of driving a motor vehicle under the influence of intoxicating liquors in the Town of Fairfax. The conviction and sentence were appealed to the Circuit Court which affirmed. Smith appeals further to this Court. We reverse.

Upon being arrested, Smith consented to the breathalyzer test and pursuant to § 56-5-2950 South Carolina Code Annot. (1976) requested an independent blood sample test. The request was granted, and he was taken to the Allendale County Hospital. Over his objection, the police officer took…