DUI LOOPHOLES & LAW

March 4, 2015

By Vannoy Law Firm

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LOOPHOLES & LAW

Some say we have problems with our DUI laws.  Critics say that too many people are unfairly acquitted or have their charges dismissed because of "problems" with our DUI laws. The purported DUI "loopholes" are very simple. 

1.  S.C. Code Ann. Sec. 56-5-2953 requires the arresting officer to video record DUI field sobriety tests, the reading of Miranda Rights, and the arrest.

2.  The Governor signed the videotaping law into effect along with several subsequent edits.

3.  The South Carolina Supreme Court in City of Rock Hill v. Suchenski says that the remedy for non-compliance with the videotaping statute is dismissal of the case.

-Bottom line:  If the police fail to follow the law, the case is dismissed.  Is that wrong?  Is that a loophole?  However, some are pushing for changes.  See the attached link for more information.  http://www.abcnews4.com/story/28163187/state-lawmakers-consider-bill-to-close-dui-loopholes

Quick postscript:  We have a mandatory videotaping requirement in DUI cases because a camera sees all and the video forgets nothing.  What better way to show whether or not someone was driving drunk? 

If you have been charged with a DUI, traffic ticket, criminal offense, or a probation violation, feel free to contact me to discuss your options.  I also handle driver's license issues, parole cases, and other matters.  At my office, you will receive a free interview in criminal cases.  If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case.  If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610.  If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading https://bradyvannoy.com/blog/

If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.

Photo-3Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina.  He carries a Martindale-Hubbell AV Preeminent Rating.  According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."

Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina.  You can find his profile at www.thenationaltriallawyers.org.

Brady Vannoy's office is located in downtown Moncks Corner.  He regularly takes cases in Berkeley, Charleston, and Dorchester counties.  Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100.  Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country.  He can be reached at (843) 761-0610, brady@vannoymurphy.com, or through the contact page on this website.

 

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