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Cantrell v. SC Department of Public Safety1/13/2005
Submitted November 1, 2004
AFFIRMED
Benjamin Cantrell appeals the circuit court's order affirming the administrative hearing officer's decision that his arrest for driving under the influence was lawful. We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:
As to the lawfulness of Cantrell's arrest in a parking garage: S.C. Code Ann. § 56-5-2930 (Supp. 2003) ("It is unlawful for a person to drive a motor vehicle within this State while: (1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired . . . .") (emphasis added); State v. Allen, 314 S.C. 539, 540, 431 S.E.2d 563, 564 (1993) (holding the application of code section 56-5-2930 "is not limited to state highways but applies anywhere within our State boundaries.").
As to an alleged violation of the videotaping requirement pursuant to S.C. Code Ann. section 56-5-2953 (Supp. 2003), the absence of counsel for the State at the appellate hearing before the circuit court, and the circuit court's alleged failure to consider error by the administrative hearing officer and the arresting officer: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review."); Murphy v. Hagan, 275 S.C. 334, 339, 271 S.E.2d 311, 313 (1980) (holding an appellate court will not hear issues not raised or preserved in a lower court proceeding).
AFFIRMED.
ANDERSON, STILWELL, and SHORT, JJ., concur.
Page 1 South Carolina DUI Attorneys
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