City of Beaufort v. Tocharoen

Full title: City of Beaufort, Respondent, v. Dechpong Tocharoen, Appellant. Appellate…

Court: Court of Appeals of South Carolina

Date published: Jun 12, 2013

2013-UP-246 (S.C. Ct. App. Jun. 12, 2013)

Opinion

2013-UP-246

06-12-2013

City of Beaufort, Respondent, v. Dechpong Tocharoen, Appellant. Appellate Case No. 2012-211429

Eric J. Erickson, of Erickson Law Firm, LLC, of Beaufort, for Appellant. William B. Harvey, III, of Harvey & Battey, PA, of Beaufort, for Respondent.

PER CURIAM:

UNPUBLISHED OPINION

Heard May 9, 2013.

Appeal From Beaufort County Marvin H. Dukes, III, Special Circuit Court Judge

Eric J. Erickson, of Erickson Law Firm, LLC, of Beaufort, for Appellant.

William B. Harvey, III, of Harvey & Battey, PA, of Beaufort, for Respondent.

PER CURIAM:

Dechpong Tocharoen appeals his conviction of Driving Under the Influence (DUI), arguing the trial court erred in admitting his breathalyzer test results. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1.As to admission of breathalyzer test: State v. Curtis, 356 S.C. 622, 632, 591 S.E.2d 600, 605 (2004) ("A party cannot complain of an error which his own conduct created.").

2.As to refusal of first breathalyzer test: State v. Goodwin, 384 S.C. 588, 603, 683 S.E.2d 500, 508 (Ct. App. 2009) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the trial court.").

AFFIRMED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.