South Carolina Circuit Court Upholds Lower Court Dismissal of DUI/Drunk Driving Charge

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CASE: South Carolina v Shelby Lorusso (Case No. 2013-CP-46-1390; September 20, 2013)

FACTS:

On December 15, 2012, the defendant, Shelby Lorusso, was stopped by a deputy with the York County, South Carolina Sheriff's Department. After the roadside investigation, the defendant was arrested and charged with DUI/drunk driving.

PROCEDURAL HISTORY:

The case was called for trial on April 23, 2013 in Magistrate Court (misdemeanor DUI/drunk driving court). The defendant filed and argued a pre-trial motion to have her charged dismissed because the arresting officer failed to comply with the mandatory videotaping requirements of South Carolina Code Section 56-5-2953. After reviewing the videotape taken by the arresting officer, and taking testimony, the magistrate granted the defendant's motion dismissing the case. This appeal to the Circuit Court followed.

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