Onorato v. SCDMV

Apr 14, 2011

OUTCOME: Adverse ruling reversed by Court of Appeals

Appellant was arrested for suspected DUI and refused to submit a breath sample. Accordingly, the DMV suspended her driver's license. At the hearing on this suspension, the police officer failed to su ... bmit evidence that Appellant was advised of the consequences of refusing to submit a breath sample. After the hearing officer and the Administrative Law Judge both upheld the suspension, the South Carolina Court of Appeals reversed and help that the police officer did not prove his case.