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

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steve Sumner, Attorney at Law | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×