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.

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1 Lawyer Answer

Freddy Woods

PREMIUM
Answered
  • DUI & DWI Lawyer
  • Beaufort, 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.

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