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City of Florence v. Jordan12/20/2004
aw enforcement officer's failure to execute the Implied Consent Rights Advisement form with the care and attention the seriousness of the occasion demanded. Nor do we intend to diminish the critical role of SLED in prescribing the necessary procedures to ensure the rights of all criminal suspects are protected and the will of the Legislature is followed. Our decision today is limited to determining whether Jordan was adequately informed in writing of his implied consent rights under section 56-5-2950. On that narrow question we must answer in the affirmative.
CONCLUSION
Because the failure to circle the word "breath" on the SLED form did not render the implied consent rights advisement incomplete or violate the implied consent statute, we find the trial court improperly suppressed evidence of Jordan's breath test results. Accordingly, the judgment of the circuit court is reversed, and the matter is remanded to the Florence Municipal Court for trial.
REVERSED AND REMANDED.
HEARN, C.J., and HUFF, J., concur.
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