Authorities in the South Carolina county of Kershaw reported that a crackdown on drunk drivers over the Thanksgiving weekend yielded 12 individuals who were charged with DUI. During such traffic stops, officers have to comply with strict rules related to the procedures used in conducting field sobriety tests, blood and breath tests, and more. Any misconduct on the part of law enforcers may play an important part in the defense should a DUI charge go to trial.
During this crackdown, a 28-year-old man was stopped and charged with driving at an excessive speed while being under the influence of alcohol. Deputies claim to have clocked his driving speed at 115 mph on Interstate 20. Upon checking this man’s records, it was apparently determined that the same man had one similar charge against him. Records indicated that he was caught in a June traffic stop after being clocked at a speed of 114 mph, and he was allegedly also intoxicated at that time.
While this driver is awaiting the trial for his previous DUI charge, he will likely do whatever he can to avoid being convicted of either charge. In South Carolina, a second DUI conviction carries mandatory time in jail and an ignition interlock, along with license revocation. These penalties can even be enhanced, depending on the blood-alcohol level of the driver.
Although the penalties for driving under the influence in South Carolina can be severe, there is no reason to enter a guilty plea. A DUI charge does not necessarily mean a conviction will be obtained, as an accused person will remain innocent until the prosecution can prove guilt beyond a reasonable doubt. The most appropriate action for a driver facing a second DUI charge might be to rely on the experience of a criminal defense attorney. If there is no reasonable plea bargain offered by the prosecution, a lawyer can work on getting a suitable outcome by going to trial.
Source: kwtx.com, “Man Caught For Second Time Driving 110 MPH On Same Highway”, Dec. 1, 2015
