Sanford, NC asked in DUI / DWI for South Carolina

Q: Can a dui in South Carolina be dropped for racial profiling?

I was put down as white but my primary race is American Indian. I am registered through my tribe.

Related Topics:
1 Lawyer Answer
Freddy Woods
Freddy Woods
Answered
  • DUI & DWI Lawyer
  • Greer, SC
  • Licensed in South Carolina

A: The short answer is "yes" but racial profiling that is not accompanied by a criminal act can be dismissed at the evidence phase of the case if certain factors are present. However, if during a stop based upon racial profiling there is found to evidence of a crime, then it is more difficult to secure a dismissal. An officer is allowed to pull someone over on suspicion of a crime, that is a part of their job to keep communities safe, but it is important to challenge an arrest that you feel is unfair. The US Constitution gives you the right to a fair trial. If you want to challenge your arrest it is important to get a lawyer of your own choosing right away.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.