State v. Gordon

How courts have described this case

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

• holding subsection 56- 5-2953(A)(1)(a)(ii) requires that the motorist's head be visible during the recording of an HGN field sobriety test
• holding section 56-5-2953(A) requires that the DUI suspect's head be visible in the incident site video during the administration of a Horizontal Gaze Nystagmus (HGN) field sobriety test
• ruling the requirements of section 56-5-2953(A) were satisfied because, during the administration of the HGN test, the driver's head and the arresting officer's arm were visible and the officer's instructions were audible
• finding the video recording complied with section 56-5- 2953(A) when the officer's administration of the HGN test was visible on the video recording and focusing on the fact that the video recording included the driver's face, the officer's instructions, and the officer's flashlight and arm
• \[A]n appellate court is bound by the trial court's factual findings unless they are clearly erroneous.\
• \The cardinal rule of statutory interpretation is to ascertain and effectuate the intention of the legislature.\ (quoting Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007))

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• State v. Walters
  Court of Appeals of South Carolina· 2016-09-28· cited 1×
• State v. Kenneth Taylor
  Supreme Court of South Carolina· 2022-02-23
• State v. Phillip Wayne Lowery
  Court of Appeals of South Carolina· 2022-04-06
• State v. Tammy Dianne Brown
  Court of Appeals of South Carolina· 2022-05-04
• In re Jairus J. V.
  Court of Appeals of South Carolina· 2019-01-04

Cites

6 cases in this archive are cited by this case.

• State v. Baccus
  Supreme Court of South Carolina· 2006-01-09· cited 298×
• Sloan v. Hardee
  Supreme Court of South Carolina· 2007-01-08· cited 72×
• Town of Mt. Pleasant v. Roberts
  Supreme Court of South Carolina· 2011-07-11· cited 68×
• City of Rock Hill v. Suchenski
  Supreme Court of South Carolina· 2007-06-18· cited 56×
• Murphy v. State
  Court of Appeals of South Carolina· 2011-04-06· cited 10×
• State v. Gordon
  Court of Appeals of South Carolina· 2014-04-23· cited 4×