There are many recurring myths on how to best beat a South Carolina
DUI charge. One common one is that police officer’s don’t usually
go to court, resulting in an automatic dismissal. Although this would
be ideal, unfortunately it simply isn’t true.
How court dates are set:
Police officers have pre-scheduled court dates for all of their cases.
Every ticket that they write on any given day will be assigned the same
court date. Many officers only have court once or twice a month, meaning
that they may have dozens of cases at once. This means that they have
known about your court date for months in advance (many courts assign
them a year out at a time).
If the officer has any type of scheduling issue, such as an injury, family
emergency, military service, or even administrative suspension, all they
or their supervisor have to do is notify the court and request the case
be continued. This is almost always automatically granted by the court,
will no advance notice to the defendants.
What happens if the officer still doesn’t appear?
In almost all instances the case will be continued automatically by the
judge. We’ve seen numerous examples where court staff calls officers
who aren’t present, and then continue the case when told are on
vacation, on a day off, took a sick-day, working a wreck, or simply got
their dates mixed up.
How should you handle your DUI arrest?
It’s never a good idea to plan your entire defense on hoping that
an officer won’t show up and then that it will be dismissed. This
type of wishful thinking is a good way to end up with a lifetime criminal
record, suspended driver’s license, high insurance rates, and a fine.
The best way to address your DUI arrest is to hire an experienced attorney
who will utilize a proven defense strategy for your type of case. The
attorneys at the Law Office of James R. Snell, Jr., LLC, can explain to
you exactly what steps will be undertaken to give you the best chance
of success with your case. The first step is to
contact our office and request a copy of our free report on South Carolina DUI defense strategies,
or to request a free consultation with an attorney.