As of now, a little over 1/5th of the States criminalize refusing to provide a chemical test to determine blood alcohol concentration (South Carolina is not one of these). Specifically, refusing to provide a sample of one's breath, blood, or urine is charged as a separate offense other than DUI, DWI, OUI, and the …
The Fourth Amendment to our Federal Constitution protects us from unlawful searches and seizures. If the search or seizure is illegal then evidence derived therefrom cannot be used in court. This is known as the "exclusionary rule" or the "fruit of the poisonous tree rule". Our courts are regularly faced with interesting and complex …
What Happens if I refuse to blow into the datamaster machine? A: In South Carolina, a person who refuses to provide a breath sample must have their license immediately suspended for six months. However, that person is eligible for a temporary alcohol license (TAL) during the period of suspension. In order to get this license, …
http://counton2.com/2016/01/14/i-team-lawyer-says-charges-should-have-never-been-levied-against-fireman/ If you have been arrested for a DUI, drug charge, assault charge, or any other criminal offense in South Carolina please call my office to schedule a free interview. I also handle driver's license issues, parole cases, and other matters. If you have questions about a search warrant, arrest warrant, or any other …
During the Holiday season many law enforcement agencies crank up DUI detection and interdiction. Everyone has the right to refuse field sobriety tests and the breath test. Use good judgement and have a Happy Holiday season. http://wspa.com/2015/12/15/sc-law-agencies-kick-off-holiday-safe-driving-blitz/ If you have been arrested for a DUI, drug charge, assault charge, or any other criminal offense in …
Naturally, folks have many questions when they come in for a consultation regarding a recent DUI arrest. Below I will list the usual first three steps my office takes when defending a DUI case. 1. Request a jury trial. In DUI 1st cases, a person is given a traffic ticket with an appearance date. We …
Marijuana, Medicine, & South Carolina In September, a panel of South Carolina state senators reported that South Carolina should legalize medical marijuana. See the link for the article: http://www.thestate.com/news/politics-government/politics-columns-blogs/the-buzz/article36384198.html Bill 672 can be found here: http://www.scstatehouse.gov/sess121_2015-2016/bills/672.htm If you have been arrested for a DUI, drug charge, assault charge, or any other criminal offense in …
SOUTH CAROLINA DUI MISCONCEPTIONS YOU TAKE THE BREATH TEST AT THE ROADSIDE BEFORE YOU ARE ARRESTED. While logically it makes more sense to see what a person's breath alcohol concentration is before they are arrested, this is not the way DUI investigations are conducted in Charleston, Berkeley, or Dorchester County (or South Carolina for that …
Last month, the South Carolina Court of Appeals in State v. Lamar Brown (http://www.judicial.state.sc.us/opinions/indexAdv.cfm?year=2015&month=9) ruled that the police, during a burglary investigation, did not need a warrant to search a cell phone that a person dropped even though the phone was protected by a password. Specifically the Court held that "[w]hether a container is locked …
"At the very core" of the Fourth Amendment "stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion." Silverman v. United States, 365 U.S. 505, 511 (1961). A "Stingray Device" is a device that simulates a cell phone tower. It allows the user to …