· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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