Charleston DUI Lawyer News for 01-30-2018

How to Defend a DUI Charge | Charleston SC DUI Lawyer David Aylor

Police Arrest Records and Mugshots

The law requires documentation through paper and electronic records of every step of a criminal arrest – but that doesn’t mean arrests always look like the ones you see on television. Police work is more mundane and paperwork-intensive than 30 minute dramas would lead you to believe. Due to the immediacy of the threat, police would be told to find a solution despite police officers having a full slate of tasks from writing incident reports to investigating crimes and serving warrants. America’s beacon as a land of opportunity created large cities of immigrants and itinerants, driving the demand for a police force armed and equipped to quell disputes. Police are required to read a detained suspect his Miranda Rights but that doesn’t always happen when he’s being handcuffed, as police on television shows always seem to do. Police are allowed to wait until a suspect in detention is about to be interrogated before they are required to tell him he has the right to remain silent. Police are not required to warn a suspect that anything he says during the arrest and booking process may be used as evidence in a criminal trial. In addition to all of the documentary evidence leading up to an arrest, more is created when an arrest actually takes place. Mug shot: Photographs of suspects are taken during booking to allow police to compare with other known criminals and to be used in photo line-ups that are shown to witnesses. Health: Screening for health issues is done during the booking process to protect police and other inmates from potentially communicable diseases and to check for evidence of drug use. Distribution: Most of the information gathered during a suspect’s booking on suspicion of criminal wrongdoing is available to the public, however police will withhold any ongoing investigation and any health information. Generally, hearings before a judge take place the morning after an arrest, when the local judge will evaluate all of the information available about you, the circumstances of your arrest, the severity of the crime, and your likelihood to re-offend.

Keywords: [“Police”,”arrest”,”suspect”]

What is Considered “Driving” in Driving Under the Influence?

If you are charged with DUI, our Charleston, SC DUI Lawyers will discuss your case with you free of charge. South Dakota’s Supreme Court recently overturned a DUI conviction for a man who, while standing outside of his truck, reached inside to grab a pack of cigarettes and accidently bumped the transmission shifter into neutral, causing his truck to roll into another vehicle. The lower courts ruled that the DUI conviction should stand beause he was in actual physical control of the vehicle while intoxicated. The high court disagreed, saying that he could not have operated the truck in the normal and ordinary manner and was not exercising dominion or control of the vehicle in such a way that is contemplated by the state’s DUI statute. The DUI case raises an interesting issue and one that frequently comes up in conversation. Usually the question goes something like this: “Can someone get a DUI if they are asleep in a car with the keys in the ignition?” To be convicted of DUI in South Carolina, the state must prove that someone was 1) driving a vehicle, 2) in South Carolina, 3) while under the influence. The South Carolina Supreme Court addressed this particular DUI issue back in 1977 in State v. Graves. Graves was charged with DUI after an officer happened to see Graves asleep in his vehicle with the motor running, parked in a parking space, with the transmission in gear. The South Carolina Supreme Court held that his actions did not constitute driving within the meaning of the DUI statute and, since there was no other direct or circumstantial evidence of driving presented, the DUI conviction must be reversed. Graves offers some great insight as to what constitutes driving for purposes of DUI in SC. However, it is not the end of the story. Officers can and will use any circumstantial evidence to try and prove driving, and the succcess or failure of challenging the State’s evidence of driving depends heavily on the specific facts of each case. Contact our North Charleston DUI Defense Lawyers to discuss your case today.

Keywords: [“DUI”,”driving”,”vehicle”]

How Will a SC DUI Arrest Affect My NC License

What happens to your North Carolina driver’s license if you get a SC DUI arrest while in the Palmetto State? SC DUI laws are significantly different than NC DWI statutes. Video equipment is mandatory in all police vehicles, and there is a strictly construed DUI video statute that requires the police to follow certain procedures in front of the camera. If they do not, they violate this statute, and the remedy is dismissal of the DUI charge. We are presumed innocent until trial, and the State must prove you guilty of every element of the crime “Beyond a reasonable doubt.” Same with a SC DUI arrest. Until, or unless, you are convicted, there is no immediate impact on your NC driver’s license or ability to legally drive. In North Carolina, the suspension is for one year unless you file a notice of appeal within ten days of arrest. In South Carolina, the suspension is for six months unless you file an appeal within thirty days from the date of arrest. If your driving privileges in SC are ultimately suspended, that suspension will eventually be communicated to the NC DMV. Once that occurs, the NC DMV will then suspend your NC driver’s license will similarly be revoked for one year. Just like in NC, the breath testing equipment in SC sometimes “Times out” while a DUI suspect is trying to participate. Police officers usually take the position that the person is somehow trying to “Game the system” and defeat the test, even if they have never had any prior experience with DUI or giving a breath sample. Under police protocol and procedures, a test timeout is still counted as a “Willful refusal” no matter how many different test samples are attempted. There are fees, fines, and other pecuniary incentives associated with an out-of-state DUI. And even more disturbing, a prior DUI from another State will be held against you if you get arrested and charged with an otherwise first time DWI in NC. North Carolina law allows the State to look back seven years for a prior DUI in any other State.

Keywords: [“DUI”,”drive”,”test”]

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