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


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


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.


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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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.

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