The following summaries of relevant DUI cases taken from the Circuit Court, Court of Appeals and Supreme Court. Unless specifically indicated these cases were not handled at either the trial or appellate level by the Law Office of James R. Snell, Jr., LLC. Every case and fact situation is different, you are encouraged to consult with an attorney prior to relying on any statement of law contained in any of these sources.
City of Rock Hill vs. Suchenski (S.C. 2007)
This is an appeal from a DUAC conviction in the City of Rock Hill Municipal Court. The South Carolina Supreme Court held that the remedy for a violation of the DUI \ DUAC arrest procedures mandated by S.C. Code § 56-5-2953 is a dismissal of the charge. The Court held that there is no requirement that the defendant establish prejudice. This is a published opinion. For a complete copy click here.
State of South Carolina vs. Hercheck (Ct. App. 2011)
This is an appeal initiated by the State after a DUI conviction was dismissed for violation of the twenty minute breath test observation requirement. The Court held that there was no exception to the requirement that a 20 minute observation period be recorded even when the defendant stated that they would be refusing the breathalyzer procedure. This is an unpublished opinion. For a copy copy of Court's opinion click here.
State of South Carolina vs. Johnson (Ct. App. 2011)
Prior to the start of the DUI trial the defendant made a motion to dismiss because he was taken off camera for the administeration of the breath test procedure. The officer failed to produce an affidavit instead alleging orally that an equipment malfunction prevented him from complying with S.C. Code § 56-5-2953. The Court of Appeals held, in a published opinion, that the officer had inexcusably violated the law and that the DUI conviction should be dismissed. For a copy of the Court's opinion click here. This is a case handled by the
Law Office of James R. Snell, Jr., LLC.
Other Criminal Defense Resources
South Carolina State Constituion
South Carolina Rules of Criminal Procedure