SCDMV v. Brown

The South Carolina Department of Motor Vehicles suspended Petitioner Phillip Brown's driver's license following his arrest for driving under the influence (DUI). The Hearing Officer for the South Carolina Office of Motor Vehicles Hearings ("OMVH") rescinded the suspension on the ground that the arresting officer failed to present reliable evidence that the breathalyzer test was administered and the sample obtained in accordance with the provisions of section 56-5-2950. Specifically, the OMVH found that the required "simulator test" was not conducted prior to the actual test. The Administrative Law Court (ALC) reversed and reinstated Petitioner's license suspension. On appeal, the court of appeals affirmed the ALC's order, finding Petitioner's failure to contemporaneously object to the arresting officer's testimony with respect to the functioning of the breathalyzer precluded the review of the issue on appeal. Finding no reversible error, the Supreme Court affirmed Petitioner's driver's license suspension. View "SCDMV v. Brown" on Justia Law