If the Datamaster BAC for some unknown reason just locks up during testing, is reset, and then provides an over the limit reading, can this case be dismissed due to the fact that officer provided no inquiries, comments, complaints, concerns, or no mention of this malfunction to SLED? Shouldn't victim have been taken to an alternate test site or given a blood and/or urine test or perhaps denied because the 2 hour testing window would have been exceeded?
This issue is awaiting a court hearing and is for a friend of mine who's attorney I believe has never done a trial based on a breathalyzer malfunction. Thanks for all the previous answers.
Victim was over 65 years old and was still told to do the FSTs against NHTSA policy. Would you recommend a bench or jury trial?
The answer depends on several different issues. First, it depends on the operational history of the DMT and whether...
If the Datamaster BAC for some unknown reason just locks up during testing, is reset, and then provides an over the limit reading, can this case be dismissed due to the fact that officer provided no inquiries, comments, complaints, concerns, or no mention of this malfuction to SLED? Shouldn't victim have been taken to an alternate test site or given a blood or urine test?
Consult with the counsel of record who handled your DUI case.
Will the new Law stop them from deporting him he has to go back to his 3rd immigration court in june
it was his first dui and he has never been in any trouble in the past he has been here 10 years but when they took him he had only 9 years.
You need to speak with an immigration attorney. This is not a DUI question. I have changed the practice area for you...
I completed all requirements/punishment given by the court. I found out that one month after my accident the SC law changed which had less strict driving privilege suspension. However, the new low did not include me, it was not retroactive. So, I cannot drive for another 7 years, a total of 10 years. (Time 'sentenced' plus 3 years driving suspension) while others who had accidents after me are able to drive after a 3 year suspension plus time 'served'. I am not a habitual drinker, which is why I was affected by the drinking, I blacked out. I will not EVER drink and drive again! I have an aging mother who will soon not be able to drive herself who I rely on to get me to doctors and stores. I have carpooled with a very kind lady for the past 3 years, 7 more is too much to ask.
You are stuck with the suspension. You can try to get a moped license, but as far as the car license you have to serve...
On 5/26/02 my husband was charged with DUS 1st offense. Two years to the exact day 5/26/04, he was charged DUS 2nd offense. SC law states that the DUS drops 2 yrs after the offense and not the conviction. It cost us almost $2000. Should he have been charged DUS 1st? He was told that even though it says offense, it meant conviction. I didn't buy it and it has bothered me since. I felt that they used the fact that he had no attorney to get a guilty plea. The judge actually stated that people who paid their fines a didn't come to court did so because they were guilty. He was accused if not showing up for his 1st court date which was not true. His letter said 10:30 am. The arresting officer said even though the letter said 10:30 am, he needed to show up at 8:30 am. How was he to know?
He needs to consult with a local defense attorney.
I was arrested for DUI and went to first court date. I did not recieve notice of second court date and missed the date and a bench warrant is now issued. I live in North Augusta, SC but warrant is in richmond county Georgia.
I would contact an attorney from that area immediately to discuss the circumstances. South Carolina is part of the...