State v. Parker

Littlejohn, Justice:

The appellant, Vernon E. Parker, was convicted of driving a motor vehicle while under the influence of intoxicating liquor, second offense, in violation of § 56-5-2930, Code of Laws of South Carolina (1976). He appeals, charging that the trial judge erred (1) in refusing to rule that his arrest was illegal; (2) in admitting in evidence the results of a breathalyzer test; and (3) in failing to instruct the jury that the presumption of intoxication, arising from the breathalyzer test was a rebuttable.

Officer Center of the Aiken Police Department received a radio call around…