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“Spartanburg Circuit Judge Agrees with Dismissal of DUI Charge”

CASE NAME: South Carolina v Taylor; Docket Number 2016-CP-42-2066; October 20, 2016

FACTS:

On June 11, 2015, at approximately 4:35 a.m., Lance Corporal R.B. Thornton of the South Carolina Highway Patrol responded to a call regarding a vehicle in a ditch on Nahant Street off of Hayne Street in Spartanburg County. Upon arriving on scene, Lance Corporal Thornton was met by Deputy Woodward of the Spartanburg County Sheriff’s Office, who had placed a call to the South Carolina Highway Patrol for assistance after locating the vehicle.

Janssen vs. Minnesota Commissioner of Public Safety

Minnesota Court of Appeals Issues Latest ‘Implied Consent’ Court Opinion

CASE NAME: Janssen vs. Minnesota Commissioner of Public Safety (Minnesota Court of Appeals; Opinion No. : A16099; August 22, 2016)

FACTS:

Appellant David Janssen was arrested for driving while intoxicated (DWI). A preliminary breath test indicated an alcohol concentration of 0.196. After the impliedconsent advisory was read to him, appellant agreed to take a breath test. The first sample resulted in an alcohol concentration of 0.174, the second in an alcohol concentration of 0.167. Appellant’s driver’s license was revoked for a year and his license plates were impounded because his alcohol concentration was “twice the legal limit [of 0.08] or more 3 as measured at the time or within two hours of the time of the offense.” Minn. Stat. § 169A.54, subd. 1(3)(iii) (2014); see also Minn. Stat. § 169A.60, subd. 1(d)(3) (2014) (providing that driving with an alcohol concentration twice the legal limit or more is a “plate impoundment violation”).

“Can the Police Get My Medical Records?”

This topic or question often comes up when we represent clients accused of DUI/Drunk Driving that have been involved in an accident and have been taken to a hospital and are charged with DUI in the process.  Most of the time our clients have refused to provide a blood sample for testing when requested by the police officer – but can the police subsequently go back and try to obtain a copy of the medical records and see if the hospital ran a blood alcohol test on their own during treatment?

“Emma’s Law” (S.137) clears first hurdle and is unanimously voted out of the South Carolina House of Representative Criminal Law Subcommittee.

On March 20, 2014, a key subcommittee hearing related to the potential passage of South Carolina Senate Bill S.137 (a/k/a Emma’s Law) was held at the South Carolina Legislature. The hearing was well attended and many voices were present urging the subcommittee to pass “Emma’s Law.”  S.137 has been renamed “Emma’s Law” due to the tragic death of the child Emma Longstreet at the hands of a multiple and repeat drunk driving offender in Columbia last year.  Her unfortunate death has galvanized community support for the passage of S.137.  Debbie Ware, statewide chairman for MADD, emphasized that, according to several national studies, 67 percent of failed drunk driving collisions involve a repeat offender; and additionally, a repeat drunk driving offender is eight times more likely to be involved in a failed DUI accident than a driver with only one prior DUI conviction.  After hearing testimony from various citizens, the subcommittee voted 5-0 to send “Emma’s Law” onto the full House of Representatives Criminal Law Committee for its consideration.  Most observers believed that “Emma’s Law” will be fully endorsed by the South Carolina House of Representatives, the South Carolina Senate and will be signed into law by Governor Haley before the end of the 2014 session.

Recent Results

June 2017

  • State v. H.D.J.

    • Charge: DUI
    • Court: McCormick Magistrate Court
    • Facts: Client was involved in a traffic collision
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. M.T.R.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped for a traffic violation
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. S.L.C.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped for swerving (Breath test: .20)
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. P.D.R.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped for speeding
    • Result: DUI dismissed; Client receives a ticket for “Speeding”
  • State v. P.D.R.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped at a Traffic Safety Checkpoint
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. P.D.R.

    • Charge: DUI, Open Container
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped for driving at an extremely low rate of speed
    • Result: DUI dismissed; Client pays a fine for the “Open Container” ticket
  • State v. C.D.P.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was involved in a one-car accident
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. M.G.D.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was stopped for speeding and making an improper turn
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. F.D.H.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was stopped after striking a curb and a light pole
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. D.G.M.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was stopped for driving without headlights at night
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. M.M.W.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was involved in a two-vehicle collision
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. W.M.L.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was involved in a three-vehicle collision (Breath test: .14)
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. C.L.T.

    • Charge: DUI, Speeding (66/45)
    • Court: Greenville Municipal Court
    • Facts: Client was stopped for speeding, 66 mph in a 45 mph zone (Breath test: .15)
    • Result: DUI dismissed, Speeding dismissed; Client receives a ticket for “Reckless Driving”
  • State v. M.J.G.

    • Charge: DUI, Speeding (66/45)
    • Court: Fairview/Austin Summary Court
    • Facts: Client was stopped for speeding, 55 mph in a 40 mph zone
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. W.J.A.

    • Charge: DUI
    • Court: Pickens County Summary Court
    • Facts: Client was stopped for failing to stop at a Road Check (Breath test: .16)
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. R.H.S.

    • Charge: DUI
    • Court: Fairview/Austin Summary Court
    • Facts: Client was stopped for speeding (Breath test: .10)
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. V.R.M.

    • Charge: DUI, Endangering Service Personnel
    • Court: Chick Springs Summary Court
    • Facts: Client was stopped for driving 45 mph past a stopped police vehicle with its blue lights on
    • Result: DUI dismissed, Endangering Service Personnel dismissed; Client receives a ticket for “Driving too fast for conditions”
  • State v. H.R.A.

    • Charge: DUI
    • Court: Fairview/Austin Summary Court
    • Facts: Client was stopped for drifting over the lane dividing lines (Breath test: .18)
    • Result: DUI dismissed; Client receives a ticket for “Driving too fast for conditions”
  • State v. S.S.L.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was stopped for speeding
    • Result: DUI dismissed; Client receives tickets for “Speeding” and “Driving too fast for conditions”
  • State v. B.R.E.

    • Charge: DUI
    • Court: Fairview/Austin Summary Court
    • Facts: Client was stopped for a traffic violation
    • Result: DUI dismissed
  • State v. T.L.R.

    • Charge: DUI
    • Court: Laurens County Magistrate Court
    • Facts: Client was involved in a one-car accident (Breath test: .22)
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. K.M.M.

    • Charge: DUI
    • Court: Fairview/Austin Summary Court
    • Facts: Client was stopped after police received a tip about a reckless driver
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. H.S.B.

    • Charge: DUI, Speeding, Open Container
    • Court: Greer Municipal Court
    • Facts: Client was stopped for speeding
    • Result: DUI dismissed; Client pays a fine for “Speeding” and “Open Container” tickets
  • State v. R.E.K.

    • Charge: DUI
    • Court: Greenville Municipal Court
    • Facts: Client was stopped for failing to stop at a red light
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. S.S.R.

    • Charge: DUI, Leaving the Scene with Personal Injuries
    • Court: Chick Springs Summary Court
    • Facts: Client was stopped after leaving the scene of a collision
    • Result: DUI dismissed, Leaving the Scene dismissed; Client receives a ticket for “Reckless Driving”
  • State v. M.R.S.

    • Charge: DUI 2nd offense
    • Court: Greenville Court of General Sessions
    • Facts: Client was involved in a two-vehicle collision
    • Result: DUI 2nd offense dismissed; Client receives a ticket for “Reckless Driving”
  • State v. R.J.L

    • Charge: DUI
    • Court: Laurens County Magistrate
    • Facts: Client was involved in a single car collision
    • Result: DUI dismissed; Client receives ticket for “Reckless Driving”
  • State v. M.S.M.

    • Charge: DUI, Simlile liossession of Marijuana
    • Court: Sliartanburg County Magistrate Court
    • Facts: Client was stolilied for slieeding
    • Result: DUI dismissed; Client receives ticket for “Reckless Driving”
  • State v. L.A.L.

    • Charge: DUI
    • Court: Cherokee County Magistrate
    • Facts: Client was involved in a single car collision
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”
  • State v. L.R.A.

    • Charge: DUI
    • Court: liickens County Magistrate Court
    • Facts: Client was stolilied for slieeding
    • Result: DUI dismissed; Client receives a ticket for “Slieeding”
  • State v. D.E.C.

    • Charge: DUI 2nd
    • Court: City of Greenville
    • Facts: Client was involved two-vehicle collision
    • Result: DUI dismissed; Client receives a ticket for “Reckless Driving”

Steve Sumner

  • 112 Manly Street
  • Greenville, SC 29601
  • Phone
  • (864) 235-3834
  • Fax
  • (864) 233-8781

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