Code 1976 56-5-2954

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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 56-5-2954. Breath testing sites; records of problems with devices. The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. These records must be electronically recorded. These records, including any and all remarks, must be entered into a breath testing device and subsequently made available on the State Law Enforcement Division web site. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act. CREDIT(S) HISTORY: 2000 Act No. 390, 24; 2008 Act No. 201, 12, eff February 10, 2009. EFFECT OF AMENDMENT The 2008 amendment added the second and third sentences requiring the records to be electronically recorded and made available on the State Law Enforcement Division website. LIBRARY REFERENCES Records 60. Westlaw Topic No. 326. C.J.S. Records 99 to 100, 107 to 111. RESEARCH REFERENCES Encyclopedias S.C. Jur. Automobiles and Other Motor Vehicles 174, Establishing a Proper Foundation for the Introduction of Test Results. NOTES OF DECISIONS In general 1 Grounds for suppression 2

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Code 1976 56-5-2954

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1. In general Under the statute providing that the State Law Enforcement Division (SLED) andeach law enforcement agency with a breath-testing site is required to maintain a detailed recordof malfunctions, repairs, complaints, or other problems regarding breath-testing devices at each site, a record must be kept by both SLED and the individual agency. State v. Landon (S.C. 2006) 370 S.C. 103, 634 S.E.2d 660. Records 3; Records 13 Record kept by State Law Enforcement Division (SLED) on breath-testing machine used by defendant at detention center violated provision of recordkeeping statute requiring maintenance of a detailed recordof malfunctions, repairs, complaints, or other problems regarding breath-testing machine, where information available on SLED's website, which could be accessed at detention center, provided no particulars regarding problems reported by individual testing 3; Records 13 sites. State v. Landon (S.C. 2006) 370 S.C. 103, 634 S.E.2d 660. Records Record kept on breath-testing machine used by defendant at detention center did not violate provision of recordkeeping statute requiring records to be kept by both State Law Enforcement Division (SLED) and any law enforcement agency with a breath-testing site, even though detention center did not keep separate record on site, where SLED's record could be accessed at detention center via Internet. State v. Landon (S.C. 2006) 370 S.C. 103, 634 S.E.2d 660. Records 3; Records 13 2. Grounds for suppression Defendant was not entitled to suppression of her alcohol breath test results based on the State Law Enforcement Division's failure to maintain any local records of test machine malfunctions, repairs, or complaints, in violation of statute; internet records were available. Murphy v. State (S.C.App. 2011) 392 S.C. 626, 709 S.E.2d 685. Automobiles 424 Code 1976 56-5-2954, SC ST 56-5-2954 Current through End of 2012 Reg. Sess. COPYRIGHT (C) 2012 BY THE STATE OF SOUTH CAROLINA END OF DOCUMENT

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