Posts Tagged ‘DUI’

July 12th, 2013 | by jim-courtney-administrator

Most people in South Carolina don’t know that police have to video field sobriety tests and the breath test, except in certain limited circumstances. This is to protect citizens from officers who might not recall the results of such tests accurately or might use incorrect procedures during the tests. A recently decided Court of Appeals […]

April 19th, 2013 | by jim-courtney-administrator

Those of us who handle DUI cases watched this case (Missouri v. McNeely) closely for the potential effects on how DUI cases are investigated. The Supreme Court of the United States (SCOTUS), in an opinion written by Justice Sotomayor, has ruled in this case on the need for a warrant when the officer wishes to […]

April 4th, 2013 | by jim-courtney-administrator

Many people in South Carolina are unaware of a specific law here which requires that all DUI arrests be videotaped. According to § 56-5-2953(B) “Failure by the arresting officer to produce the video recording required by the section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or […]

March 20th, 2013 | by jim-courtney-administrator

In a Court of Appeals case filed this week in South Carolina, there is a good discussion of why a defendant my be entitled to a directed verdict with regard to a particular charge. In this particular case, the defendant had been convicted of lynching, conspiracy, and pointing and presenting a firearm in York County. […]

May 19th, 2010 | by jim-courtney-administrator

Most people do not understand the difference between a DUI and DUAC, I will attempt to explain both to help you understand the subtle differences.

February 1st, 2010 | by jim-courtney-administrator

I practice in all areas of criminal law, from traffic tickets to attempted murder. Particular areas of experience are in criminal domestic violence, DUI, and drug charges.

November 18th, 2009 | by jim-courtney-administrator

Ok, the police are walking up to your car, the lights are going, your embarrassed, perhaps mad. What do you do now? STOP! Take a breath! You don't have to do anything. Just relax. The police run this show, and if you think otherwise, just try bossing the cops around and see what happens.