City of Columbia v. Ervin

BURNETT, Justice:

Petitioner James H. Ervin, III, was convicted in Respondent the City of Columbia’s (City’s) municipal court of first offense driving under the influence (DUI). The circuit court and the Court of Appeals affirmed. The City of Columbia v. Ervin, 325 S.C. 644, 482 S.E.2d 781 (Ct.App.1997). The Court granted Ervin a writ of certiorari to review the decision of the Court of Appeals.

FACTS

Prior to trial, Ervin moved to quash the arrest warrant, arguing he had not been given a reasonable opportunity to obtain an independent blood test. The parties stipulated Ervin had refused to take…