State v. Branham

Appellant Charles Brandon Branham was convicted of driving under the influence, first offense, following a jury trial in the magistrate’s court. The circuit court affirmed the magis trate’s refusal to dismiss the case due to the State’s failure to provide Branham with a videotape of his breath alcohol analysis test (breath test). On appeal, Branham argues the court must dismiss his conviction because the State did not produce the videotape. We affirm. 1

FACTS

Trooper K.G. Ginn of the South Carolina Highway Patrol arrested Branham for suspicion of driving under the influence. A breath test was…