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State of South Carolina v. John Peake

Practice Area: Criminal defense

Outcome: Driver's license suspension reversed.

Description: This was a SC Court of Appeals decision in my client's favor. The Court of Appeals reversed the decision of the Department of Motor Vehicles to suspend my client's driver's license for refusal to provide a blood sample. The court concluded that under the applicable SC statute, the arresting officer's assertion that the client was “medically acceptable”, and therefore was required to provide a blood sample to be drawn by hospital personnel, based upon his “condition” was not sufficient.

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