Cummings v. South Carolina State Highway Department

Ness, Justice:

This appeal is from an order refusing to re-open a DUI case and upholding a previous order amending the period of suspension imposed by ¿appellant South Carolina Highway Department. We reverse.

Respondent Cummings was convicted of DUI (second offense) on May 22, 1973. For reasons not revealed in the record, the conviction was not reported to the Highway Department until three years later. Although respondent’s conviction was one of second offense, the Department’s records disclosed two prior violations, occurring in 1963 and 1967. Pursuant to Code Section 56-5-2990, respondent’s…