DUI cases can be complicated for the untrained lawyer. South Carolina has a mandatory videotaping statute in DUI cases which is S.C. Code Ann. Sec. 56-5-2953. This law requires certain acts to be “shown” on the videotape, otherwise the case could be dismissed. Our videotaping law has been, and still is, a highly litigated issue in our court system. Videos can make or break a DUI case. However, the lawyer must know what to look for. For instance, what is the definition of “field sobriety test”? Is it one test, half of each test, or all the tests? What if you cannot hear the conversation between the officer and the suspect? Does that comply with our law?
Generally, police officers in this State are required to graduate from the Criminal Justice Academy in Columbia before becoming full time police officers. There they learn the National Highway Traffic Safety Administration’s “standard field sobriety tests”. These tests are very detailed in the sense that they not only test for the obvious balancing indicia of impairment but they also test for how well someone follows instructions. For instance, someone could walk heel to toe perfectly but fail that particular task for not performing exactly as the officer instructs. Officers may “ding” a field sobriety participant for “not following instructions correctly” or “not standing heel to toe” while he/she demonstrates the test. Simple fairness comes into play here. How can anyone do well on a test where they (1) did not know the rules and (2) did not know what the subject of the test consisted of?
I have defended numerous DUI cases during my career practicing law. I welcome folks to contact me regarding their questions and cases.
If you have been arrested for DUI in Moncks Corner, Hanahan, Goose Creek, Summerville, St. Stephens, Bonneau, or any other area of Berkeley County, please contact my office today for a free interview at (843) 761-0610 or through the contact page on this website.
Brady Vannoy carries a Martindale-Hubbell(R) AV PreeminentTM 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.” http://www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx
Brady is a member of the South Carolina Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers. Brady defends DUI and 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 or through the contact page on this website.