South Carolina Department of Motor Vehicles v. Brown

I dissent as I believe Petitioner properly preserved a valid challenge to the sufficiency of the Department’s case. Furthermore, I believe our standard of review mandates a reversal as there is evidence to support the Hearing Officer’s finding that the Department failed to present a prima facie case to suspend Petitioner’s license under section 56-5-2951. Accordingly, I would reverse the decision of the Court of Appeals and reinstate the Hearing Officer’s order rescinding Petitioner’s license suspension.

I. Discussion

A. Error Preservation

As an initial matter, I disagree with the majority’s…