Herndon v. South Carolina State Highway Department

Oxner, Justice.

We are called upon to determine whether a circuit judge is empowered to review and modify or set aside the suspension of a driver’s license by the Highway Department upon the ground that the driver had been convicted of operating a motor vehicle while under the influence of intoxicating liquor. The Court below held that it had jurisdiction to do so under Section 46-178 of the 1952 Code. The correctness of this conclusion is challenged by the Highway Department.

On March 11, 1954, respondent pleaded guilty before a magistrate to the offense of operating a motor vehicle while…