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Breaking Down a DUI Arrest

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 arrested for a criminal charge, does not equate to guilt.  All Americans are presumed innocent and they wear a "cloak of innocence" until proven otherwise.  In South Carolina for a first offense DUI charge, a person would be given a Uniform Traffic Ticket that would give them a "bench trial" court date.  At my law office, we protect clients from this initial court appearance on most occasions.  Either before or after this court appearance, my office would file a discovery motion with the court requesting evidence related to the case, including but not limited to, the roadside and breath test videos.  On most occasions, we request a "jury trial" for the client rather than have the case heard on the initial court date.

Second, the article does not address whether the actor provided a breath sample.  In this State, if one provides a sample of .15% or greater or refuses the breath test, a person's privilege to drive in this State is immediately suspended.  At my office, we prepare the necessary paperwork for a person in this situation to receive a temporary driving privilege until a hearing can be heard to determine the validity of the suspension.

Third, the actor's case appears to involve several witnesses to the accident, none of which were law enforcement.  In this State, these witnesses would probably be needed to put the accused behind the wheel of the vehicle.  Their testimony would be needed as well regarding any erratic driving.  As to the 911 caller, the United States Supreme Court has addressed the admissibility of a "testimonial" statement being admitted into evidence absent sworn live testimony.  These issues would need to be fleshed out prior and during the trial of the case.

The article found at the link above provides information which was published regarding this gentleman's arrest.  There are two sides to every story and this man is innocent until proven otherwise.

If you have been arrested for a DUI charge in South Carolina, call my office for a confidential interview.  Brady Vannoy

Brady Vannoy is an AV Preeminent rated attorney who defends DUI and criminal cases in the South Carolina Low County and other areas of South Carolina.  He can be reached at (843) 761-0610 or through the contact page on this website.

April 15, 2014 Brady Vannoy

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Brady Vannoy

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Moncks Corner, South Carolina 29461

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Contact Us

(843) 761-0610

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brady*bradyvannoy.com

105 Carolina Avenue

Moncks Corner, South Carolina 29461

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  The results listed on this website cannot be used to guarantee any result in any potential case.  Each case involves different facts and circumstances.  Potential clients should NOT rely on these result to dictate the outcome of their individual case or any other matter.

From the Blog

  • The Commitment to Excellence January 15, 2018
  • DUI & Criminal Defense Attorney June 8, 2017
  • Priorities of DUI Defense April 18, 2017
  • Lawful Carry of a Handgun in South Carolina March 22, 2017
  • The Civil Death Penalty February 13, 2017

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