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.
S.C. Code Ann. § 56-5-2954
Breath testing sites; records of problems with devices
Known as the Uniform Act
The act spans §§ 56–56 (418 sections).
Applied in 3 court decisions — leading case Murphy v. State (2011)
Most recently applied in Murphy v. State (April 2011)
2000 Act No. 390, SECTION 24; 2008 Act No. 201, SECTION 12, eff February 10, 2009.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.