State v. Hill

Ness, Justice:

We are presented with the issue of whether a trial judge may, during the pendency of an action against the respondent for driving under the influence, issue an ex parte restraining order to the State Highway Department restraining it from suspending respondent’s driving license until the disposition of another case involving a different defendant.

Respondent was arrested on October 13, 1974, while driving under the influence of intoxicants. He refused to submit to a breathalyzer test in accordance with the Implied Consent Law (S. C. Code § 46-344) after being properly advised.…