PRELIMINARY HEARINGS IN SOUTH CAROLINA If one is arrested for a "general sessions" offense in South Carolina, certain Federal and State constitutional rights follow the Defendant. Among these are rights to the effective assistance of counsel, the presumption of innocence, and a right to a fair and impartial trial by a jury of one's peers. …
Generally speaking, it is a common understanding that a DUI arrest and subsequent conviction results in a driver's license suspension in South Carolina. But how does our law really operate? Below I will outline how a first offense DUI arrest and subsequent conviction can result in a driver's license suspension in South Carolina. IMPLIED CONSENT …
Most Americans know that we all have a Federal Constitutional right to a jury trial for criminal offenses. Our South Carolina Constitution also gives us this right under Article I, Section 14. But what most people do not know is what actually happens at a criminal jury trial and what are the "rules" governing a …
The following is a link to an article describing an actor's recent arrest for DUI in California. I would like to take a minute and briefly break down how this case might proceed under South Carolina law. http://www.latimes.com/local/lanow/la-me-ln-saturday-night-live-chris-kattan-arrested-dui-20140210,0,2264602.story#axzz2swpUAZoO First, the actor was arrested upon "suspicion" of driving under the influence. The fact that someone is …
Did you know George Washington grew marijuana as one of his primary crops? In colonial America, marijuana was a useful and valuable crop only exceeded in value by cotton and tobacco. In fact, some colonies were "mandatory grow" areas requiring private citizens to cultivate the crop. Along with medicinal and recretational use, marijuana or hemp, which is …
Supreme Court Clarifies Testimonial Requirements in DUI License Hearings On January 8, 2014, the South Carolina Supreme Court ruled in South Carolina Department of Motor Vehicles v. Brown that a failure by a DUI officer at an administrative hearing to testify as to the details of how the Datamaster was functioning properly at the time of the breath test was …
Why the police want you to blow: DUI and a Number We have an "implied consent" law in South Carolina that provides that by driving on the roads of this State, it is implied that the driver consents to the testing of his breath, blood, or urine if there is cause to believe that person is under …
Brady Vannoy is a lawyer who defends DUI and Criminal cases in Moncks Corner, Summerville, Goose Creek, Bonneau, St. Stephens, Hanahan, North Charleston, Charleston, and the surrounding areas. If you are charged with DUI or another Crime in South Carolina, call Brady Vannoy. http://www.vannoylawoffice.com/brady-vannoy/
Berkeley County law enforcement will stand DUI interdiction checkpoints at Detyens Shipyard and Highway 41. In Charleston, deputies will be stationed at Highway 61 near Drayton Hall Elementary. Have a safe and happy New Year. We can be reached at (843) 761-0610 or through the contact page on this website. Brady Vannoy is a …
The City of St. Louis announced that it would be a "no refusal zone" in suspected drunk driving cases beginning December 30, 2013. If a suspected drunk driver refuses the breath test, the City advertises that an officer will apply to a judge for a search warrant for that person's blood to be drawn and chemical testing be …