State v. Huntley, 349 S.C. 1

Summary

The Supreme Court of South Carolina held that the original version of Act No. 434, rather than a substantively altered version inserted by the Code Commissioner, governed the defendant's prosecution. The court nevertheless reversed suppression of the breathalyzer results, concluding that the nonconforming simulator solution did not prejudice the defendant and affected the weight rather than the admissibility of the evidence.

Holdings

1. The original version of Act No. 434, as enacted and approved by the Governor, governed Huntley's prosecution because the Code Commissioner lacked authority to make substantive changes to the statute.
2. The trial court erred by suppressing the breathalyzer results. Use of a simulator solution with a different alcohol concentration was a statutory violation that affected the weight, not the admissibility, of the evidence because the machine operated properly and Huntley demonstrated no prejudice.

Questions Presented

1. Which version of Act No. 434 governed Huntley's prosecution: the original version enacted by the General Assembly or the later version substantively altered by the Code Commissioner?
2. Did the trial court err by suppressing Huntley's breathalyzer results when the operator used a simulator solution with an alcohol concentration different from the statutory level, but the machine operated properly and the defendant showed no prejudice?

Disposition

reversed