Legal Opinion
State v. Elwell
Court of Appeals of South Carolina
Decided November 23, 2011No. 4912PublishedCited by 8 opinions
1Opinion of the CourtThomas, J.
The State appeals the dismissal of the charge against Justin Elwell for driving under the influence of alcohol (DUI), second offense. The State argues the trial court erred in holding the State failed to comply with subsection 56-5-2953(A)(2)(d) of the South Carolina Code (Supp.2007) by turning off a breath test video recorder after Elwell refused to take the test and before the expiration of twenty minutes. We reverse and remand for trial.
FACTS & PROCEDURAL HISTORY
On January 3, 2009, 1 Elwell was arrested for DUI and subsequently taken to a breath-testing site. While there, the arresting…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
- State v. SweatSupreme Court of South Carolina · 2010
- Town of Mt. Pleasant v. RobertsSupreme Court of South Carolina · 2011
- State v. ParkerSupreme Court of South Carolina · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. ElwellSupreme Court of South Carolina · 2013
- State v. HercheckSupreme Court of South Carolina · 2013
- State v. KinardCourt of Appeals of South Carolina · 2019
- Hunts Along v. N.D. Dep't of TransportationNorth Dakota Supreme Court · 2018
- Hunts Along v. N.D. Dep't of TransportationNorth Dakota Supreme Court · 2018
3 more not listed; retrieve them via the Exa API.