Code 1976 56-5-2934

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Effective: February 10, 2009 Code of Laws of South Carolina 1976 Annotated Currentness Title 56. Motor Vehicles Chapter 5. Uniform Act Regulating Traffic on Highways Article 23. Reckless Homicide; Reckless Driving; Driving While Under the Influence of Intoxicating Liquor, Drugs or Narcotics 56-5-2934. Compulsory process to obtain witnesses and documents; breath testing software. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term documents includes, but is not limited to, a copy of the computer software program of breath testing devices. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor. CREDIT(S) HISTORY: 2000 Act No. 390, 9; 2003 Act No. 61, 15; 2008 Act No. 201, 6, eff February 10, 2009. EFFECT OF AMENDMENT The 2008 amendment, in the first undesignated paragraph, substituted the fourth and fifth sentences relating to breath testing software for the fourth sentence relating to attendance of employees responsible for maintaining breath testing devices at administrative hearings; and deleted the second undesignated paragraph requiring the arresting officer to give notice of hearings to defendants refusing a breath test and provide them with the appropriate form to request such hearings. LIBRARY REFERENCES Automobiles 332. Witnesses 2(1). Westlaw Topic Nos. 410, 48A. C.J.S. Criminal Law 469 to 473, 475 to 485. C.J.S. Motor Vehicles 1382 to 1394. C.J.S. Witnesses 2. RESEARCH REFERENCES Encyclopedias

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Code 1976 56-5-2934

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S.C. Jur. Automobiles and Other Motor Vehicles 179.5, Person's Right to Written Information Prior to and After Taking Test or Giving Samples. NOTES OF DECISIONS In general 1 1. In general Purpose of the warnings under statute governing right to compulsory process are to advise the defendant of the consequences of refusing or failing the breathalyzer, that is, license suspension, and to advise the defendant of the right to a hearing concerning a suspension and provide the necessary forms to request such a hearing. State v. Haase (S.C. 2006) 367 S.C. 264, 625 S.E.2d 634. Automobiles 421 Police sufficiently complied with requirements of statute governing right to compulsory process when police gave motorist, who was suspected of driving under the influence (DUI), warnings prior to her refusal to take Data Master test, although warnings were not given at arrest site. State v. Haase (S.C. 2006) 367 S.C. 264, 625 S.E.2d 634. Automobiles 421 Code 1976 56-5-2934, SC ST 56-5-2934 Current through End of 2012 Reg. Sess. COPYRIGHT (C) 2012 BY THE STATE OF SOUTH CAROLINA END OF DOCUMENT

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