Michael Knight v. SCMV

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Michael Bradley
Morris Knight, Appellant

v.

South Carolina
Department of Motor Vehicles, Respondent.

Appeal From Richland County

 Paige J. Gossett, Administrative Law
Judge

Unpublished Opinion No. 2009-UP-523

Submitted November 2, 2009 – Filed
November 19, 2009

AFFIRMED

Calvin Andrew Carroll, of North Charleston
and Desa Ballard and P. Christopher Smith, Jr., both of West Columbia, for
Appellant.

Frank L. Valenta, Jr., Phillip S. Porter, and
Linda Annette Grice, all of Blythewood, for Respondent.

PER CURIAM: Michael
Bradley Morris Knight was arrested for driving under the influence.  He refused
to submit to a breathalyzer test.  As a result, the South Carolina Department
of Motor Vehicles (the Department) suspended Knight's driving privileges. Upon
Knight's request, the Department held an administrative hearing for the purpose
of determining whether the Department properly suspended Knight's license
because he refused to submit to a breathalyzer test.  The hearing officer
sustained the decision to suspend Knight's driver's license, and the
Administrative Law Court (ALC) affirmed.  On appeal, Knight contends the ALC
erred in concluding the traffic stop was lawful.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Rule 210(h), SCACR
(explaining ordinarily no point will be considered which does not appear in the
record on appeal); Johnson v. S.C. Dep't of Prob., Parole, and Pardon Servs.,
372 S.C. 279, 283, 641 S.E.2d 895, 897 (2007) ("South Carolina courts have
traditionally held the appealing party accountable for failing to present the
court with an adequate record for review."); Helms Realty, Inc. v.
Gibson-Wall Co., 363 S.C. 334, 340, 611 S.E.2d 485, 488 (2005) (explaining the
appellant has the burden of presenting a sufficient record to allow appellate review); Harkins v. Greenville County, 340 S.C. 606, 616, 533 S.E.2d 886, 891
(2000) (holding this court may affirm the trial court on any issue because the
appellant failed to meet its burden of presenting an adequate record on appeal). 

AFFIRMED.

SHORT, THOMAS, and
KONDUROS, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.