BAC reading inadmissable in trial

It may be all too easy for some people in South Carolina to assume that once they are charged with a drunk driving offense that they will be convicted of the charge. However, just as with any other form of ciminal offense, there exists the ability for a person to defend themselves. Part of this defense may include protecting one's rights as well as asserting that the charges were inaccurate.

One man has chosen to do just this after he was arrested in early November and charged with driving under the influence. A few points have been in contention in the case including what information should be admissable during the trial. As is often typical, a police camera was used to film the man while he performed the field sobriety tests. However, the footage does not show his feet and the defense argued that this should not be used. That request was denied.

Another request by the defense has been supported by the judge, however. This request was to not allow the results of a breath test to be used by the prosecution. The judge approved this because the man's request at the time of the arrest for a blood test instead of a breath test was not respected and the state law requires blood tests to be administered if the driver asks for one.

People facing drunk driving charges might find talking with an attorney an enlightening way of learning about their defense options. 

Source: U.S. News and World Report, "Breath Test Thrown Out in South Carolina Senator's DUI Case," January 26, 2018

No Comments

Leave a comment
Comment Information