Cantrell v. SCDPS

THE STATE OF SOUTH CAROLINA

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD
NOT BE CITED OR RELIED ON AS

PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED
BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Benjamin K. Cantrell, Appellant,

v.

SC Department of Public Safety, Respondent.

Appeal From Greenville County

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2005-UP-023

Submitted November 1, 2004 – Filed January
13, 2005

AFFIRMED

Benjamin K. Cantrell, of Greer, for Appellant. 

Senior Assistant General Counsel Patrick M. Teague, of Blythewood, for Respondent.

PER CURIAM:  Benjamin Cantrell appeals the circuit court’s
order affirming the administrative hearing officer’s decision that his arrest
for driving under the influence was lawful.  We affirm
[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities: 

As to the lawfulness of Cantrell’s arrest in a parking garage:  S.C.
Code Ann. § 56-5-2930 (Supp. 2003) (“It is unlawful for a person to drive a
motor vehicle within this State while:  (1) under the influence of alcohol
to the extent that the person’s faculties to drive are materially and appreciably
impaired . . . .”) (emphasis added); State v. Allen, 314 S.C. 539, 540,
431 S.E.2d 563, 564 (1993) (holding the application of code section 56-5-2930
“is not limited to state highways but applies anywhere within our State boundaries.”).

As to an alleged violation of the videotaping requirement pursuant
to S.C. Code Ann. section 56-5-2953 (Supp. 2003), the absence of counsel for
the State at the appellate hearing before the circuit court, and the circuit
court’s alleged failure to consider error by the administrative hearing officer
and the arresting officer:  Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497
S.E.2d 731, 733 (1998) (“It is axiomatic that an issue cannot be raised for
the first time on appeal, but must have been raised to and ruled upon by the
trial judge to be preserved for appellate review.”); Murphy v. Hagan,
275 S.C. 334, 339, 271 S.E.2d 311, 313 (1980) (holding an appellate court will
not hear issues not raised or preserved in a lower court proceeding).

AFFIRMED.

ANDERSON, STILWELL, and SHORT, JJ., concur.

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