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S.C. Dep't of Motor Vehicles v. Nelson5/23/2005
2950; (c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and (d) the machine was working properly.
S.C. Code Ann. § 56-5-2951(H) (Supp. 2002). This limitation has been explained as follows:
he question before the hearing officer was not whether the state had proved its case, but whether the arresting officer had probable cause to believe [the driver] had committed the offense of driving under the influence . This is not a trial in regard to the guilt or innocence of the defendant on a DUI charge. Rather, the gravamen of the administrative hearing is a determination of the efficacy and applicability of the implied consent law. The query posited to the administrative hearing officer is: did the person violate the implied consent law.
Summersell v. Dept. of Public Safety, 334 S.C. 357, 368-369, 513 S.E.2d 619, 625 (Ct. App. 1999), vacated in part on other ground, 337 S.C. 19, 522 S.E.2d 177 (1999).
Because Nelson did not consent to testing, the scope of the hearing was limited to whether Nelson (1) was lawfully arrested, (2) was advised in writing of his section 56-5-2950 rights, and (3) refused to submit to a test. The hearing officer determined that Nelson had been lawfully arrested, had been advised of his rights, and had refused to submit to the test offered in accordance with section 56-5-2950. The circuit court's reversal of the hearing officer was outside the purview of the proper scope of review. Accordingly, we find the only relevant issues at the administrative hearing were not in dispute. The circuit court erred in considering the violation of the three-hour videotaping requirement. We reverse the order of the circuit court and reinstate the suspension.
CONCLUSION
The order of the circuit court is hereby REVERSED.
STILWELL and WILLIAMS, JJ., concur.
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