In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for...View More
In SC, there is a two hour limit on breath tests. However, recent caselaw has created an exception in cases where the officer was required to perform other duties related to the incident and has provided an affidavit explaining what they had to do prior to taking the person to the breath testing...View More
When an out-of-state driver is convicted of DUI in SC and their home state is a part of the interstate compact agreement (SD is a part of it), then SC DMV will notify the home state DMV. Typically, the home state DMV will require the driver to satisfy the SC requirements to reinstate their license....View More
I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... View More
SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an...View More
Yes, there is no statute of limitations on when an officer can charge a DUI. Generally these types of cases are when an accident has occurred and the defendant is unable to be detained due to medical care.
A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.
I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back
If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be...View More
DUI in SC depends on a number of factors and this part of the law is very nuanced. There is also a deadline to file certain documents such as the request for an administrative hearing. When dealing with substances, there are "therapeutic levels" for certain substances. This may require an...View More
I didn't get bonded out of jail, I stayed 3 weeks and the judge let me out after then. The person that I hit didn't show up to testify against me so they had to drop it, I have another court date do I have to show up?. I live in tennessee.
I would recommend you reach out to the court via the clerk of court's office to verify your charge was dismissed and your presence in court is no longer needed. They should be able to direct you as to how to get verification of the dismissed/nol prossed charge in writing. You will need to look...View More
Friend was arrested for DUI, however she is sober 29 years. She’s in her 70’s, she was driving recklessly for her, because she was talking on phone and trying to get a piece of candy out of a wrapper. They did not give her a breath test or offer one. She failed her physical sobriety test... View More
A DUI arrest, charge and potential conviction could in fact be solely due to intoxication as the result of taking prescription drugs. Your friend has a lot going for her due to her age and lack of alcohol or drug use, but she will still need zealous representation to ensure her best defense. The...View More
I was involved in a motorcycle accident when a women pulled out of her driveway in front of me. I was airlifted to the hospital and nearly died. The SC state trooper found me at fault based on him suspecting me of being under the influence of alcohol. I had not consumed any alcohol and the only... View More
While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with...View More
I've complied with all conditions of Pennsylvania criminal code and DMV. Scheduled restoration on April 6, 2017 by Pennsylvania. But, I'm now (and have been since February 2016) a SC resident. SC requires sr22 if convicted of dui, and Pennsylvania does not. I have no driving history in... View More
Yes, South Carolina will require that you get SR-22 insurance and may require that you take an ADSAP course. Contact the DMV in South Carolina to find out what additional requirements they may have for you.
I took a breathelazar and blew 0.00 I wasnt under the influence my passenger was on the other hand and wasn't even asked any questions. Was told I was pulled over for one thing but got arrested for DUI
The DMV will require that you complete the ADSAP (Alcohol & Drug Safety Action Program) in South Carolina. If you complete this program then you can get your license back as long as you don't have any other holds on your license.
Here is the short answer. The DUI could land you in jail for up to 30 days and the child endangerment charges could have you in jail for up to 15 years. It is important for you to consult a lawyer as soon as possible to defend you on your charges.
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...View More
He faces a mandatory 6 months in jail for a third DWI. The prior two offenses from out of state will count. With jail on the line, the question should not be over money. Rather look for an attorney that specializes i. Third offense charges.
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.