THE EXCLUSIONARY RULE The Fourth Amendment to the Federal Constitution provides that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place …
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 …
CHANGES IN DOMESTIC VIOLENCE PENALTIES Some in the South Carolina Legislature want to deprive those convicted of Criminal Domestic Violence from the right to own a firearm. (Even though the Federal Government has already made it a crime. See 18 USC 922(g)(9)). There is also a move to stiffen the penalties for Criminal Domestic Violence …
"Material and Appreciable Impairment": What the State Has to Prove… Our DUI law requires the State to prove beyond a reasonable doubt at trial that a person was driving under the influence to such an extent that their faculties are materially and appreciably impaired due to the ingestion of alcohol, drugs, or a combination. See …
WHAT IS FAILURE TO STOP FOR A BLUE LIGHT? Seems self-evident right? Failure to stop for a blue light means you failed to stop for a blue light. What if you did not see the blue light? What if you saw the blue light after driving several miles with the police following you? Can you …
COURT DATES AND WHAT THEY REALLY MEAN If a person is arrested and charged with a DUI or other criminal offense in magistrate or municipal court (except in a few cases, where the sentence carries a potential penalty of 30 days or less in jail), that person will receive an initial court date on their …
DUI DEFENSE IN CHARLESTON AND BERKELEY COUNTIES If you are arrested and charged with DUI 1st in Charleston or Berkeley County, you will be given a ticket with an initial court date. If you refuse the test or provide a breath sample of .15% or greater, your license will be initially suspended for either one …
With Thanksgiving and Christmas fast approaching, I thought I would take the time to address what a citizen's rights are when confronted by law enforcement after being pulled over or at a roadblock. (Note, this does not include a Felony DUI or accident scenario) 1. You have a right not to answer any questions or …
SOUTH CAROLINA PAROLE FACTORS How does a person "make" parole? S.C. Code Ann. Sec. 24-21-640 defines how the parole board determines whether someone is suitable for parole. "The board must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the …
FEDERAL FIREARMS LAW AND CRIMINAL CONVICTIONS …your misdemeanor is really a felony. Over the years, I have had to advise many avid sportsmen regarding the prohibitions on persons convicted of certain crimes that in turn deprive them of their 2nd Amendment Right. Federal law (18 U.S.C. 922(g)) states, It shall be unlawful for any …