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State v. Landis12/6/2004
On November 27, 2000, South Carolina Highway Patrol Trooper David Davis (Trooper Davis) observed a vehicle driven by Landis headed northbound on Interstate 85. Landis was weaving and straddling the center lane. A State Transport Police Officer had taken a position immediately behind Landis' vehicle. The State Transport Police Officer initiated blue lights and pulled Landis over to the side of the interstate. Trooper Davis then pulled behind the Transport Police Officer. After the Transport Officer removed Landis from his car, Trooper Davis performed the field sobriety test, determined Landis was impaired, and placed him under arrest for DUI. There was no videotape of the incident site because Trooper Davis' videotape machine was inoperable at the time of Landis' arrest.
Landis was convicted by a magistrate's court jury and fined $637. On appeal, the circuit court affirmed the conviction and sentence of Landis.
STANDARD OF REVIEW
"In criminal appeals from magistrate or municipal court, the circuit court does not conduct a de novo review, but instead reviews for preserved error raised to it by appropriate exception." State v. Henderson, 347 S.C. 455, 457, 556 S.E.2d 691, 692 (Ct. App. 2001); accord Rogers v. State, 358 S.C. 266, 594 S.E.2d 278 (2004) (quoting City of Landrum v. Sarratt, 352 S.C. 139, 141, 572 S.E.2d 476, 477 (Ct. App. 2002)). In criminal cases, the court of appeals sits to review errors of law only and is bound by the factual findings of the trial court unless clearly erroneous. State v. Wilson, 345 S.C. 1, 545 S.E.2d 827 (2001); State v. Cutter, 261 S.C. 140, 199 S.E.2d 61 (1973); State v. Bowie, 360 S.C. 210, 600 S.E.2d 112 (Ct. App. 2004).
LAW/ANALYSIS
Landis contends the circuit court erred in affirming his conviction because the State failed to comply with the mandatory provisions of section 56-5-2953 of the South Carolina Code (Supp. 2001) requiring videotaping at the incident site. Landis presents two arguments supporting his position. First, he argues the circuit court erred in finding that Trooper Davis constituted the arresting officer as contemplated by section 56-5-2953. Second, Landis alleges the circuit court erred in finding that the affidavit requirement of section 56-5-2953(B) was satisfied by the State. We disagree and affirm.
The cardinal rule of statutory construction is to ascertain and effectuate the legislative intent whenever possible. State v. Morgan, 352 S.C. 359, 574 S.E.2d 203 (Ct. App. 2002) (citing State v. Baucom, 340 S.C. 339, 531 S.E.2d 922 (2000)). All rules of statutory construction are subservient to the one that legislative intent must prevail if it can be reasonably discovered in the language used, and that language must be construed in the light of the intended purpose of the statute. State v. Hudson, 336 S.C. 237, 519 S.E.2d 577 (Ct. App. 1999) cert. denied as improvidently granted, State v. Hudson, 346 S.C. 139, 551 S.E.2d 253 (2001). The determination of legislative intent is a matter of law. Hudson, 336 S.C. 237, 519 S.E.2d 577.
The legislature's intent should be ascertained primarily from the plain language of the statute. Morgan at 366, 547 S.E.2d at 206. Words must be given their plain and ordinary meaning without resorting to subtle or forced construction which limits or expands the statute's operation. Id. When faced with an undefined statutory term, the court must interpret the term in accord with its usual and customary meaning. Id. This Court must apply clear and unambiguous terms of a statute according to their literal meaning. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991). We should consider, not merely the language of the particular clause being construed, but the word an
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