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· 11/27/2007

Peake v. South Carolina Department of Motor Vehicles

Citations

  • 654 S.E.2d 284
  • 375 S.C. 589
  • 2007 S.C. App. LEXIS 220

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a court should not consider a particular clause in a statute in isolation, but should read it in conjunction with the purpose of the entire statute
  • noting that while the license to operate a motor vehicle is a mere privilege that is always subject to revocation' or suspension for any cause related to public safety, it cannot be revoked arbitrarily or capriciously
  • “With any question regarding statutory construction and application, the court must always look to legislative intent as determined from the plain language of the statute.”
  • \The findings of an administrative agency are presumed correct and will be set aside only if unsupported by substantial evidence.\
  • in case where driver did not have injured mouth and was conscious, DMV was \required under the implied consent statute to show [driver] was physically unable to give an acceptable breath sample for a reason found acceptable by licensed medical personnel\

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Short, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.