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· 1/24/2011

South Carolina Department of Motor Vehicles v. McCarson

Citations

  • 705 S.E.2d 425
  • 391 S.C. 136
  • 2011 S.C. LEXIS 21

How courts have described this case

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

  • noting in a license revocation proceeding, the burden of proving that the driver was. lawfully arrested or detained for DUI was on the Department
  • noting Rule 803(8), SCRE, provides for the admission of certain public records but still excludes “investigative notes involving opinions, judgments, or conclusions”
  • \[T]he [O]MVH is an agency under the Administrative Procedures Act.\
  • \[T]he Legislature promulgated section 56-5-2951 in such a way that guards against an automatic or rote elimination of [a person's interest in his or her driver's license] . . . . [T]he Legislature placed the burden on the Department to present sufficient evidence . . . .\

Source: CourtListener parenthetical corpus (CC0).

Judges: Beatty, Toal, Pleicones, Hearn, Kittredge

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.