Massachusetts’ Supreme Court released an opinion this week finding that the standardized field sobriety tests (SFSTs) commonly used by officers to detect alcohol impairment cannot be used to determine marijuana impairment. South Carolina has not decided this issue nor...
Can a Bouncer be Liable for Assault and Battery?
A bouncer at Derriere’s Gentleman’s Club in Myrtle Beach allegedly punched a dancer in the face and dragged her off stage last weekend. Bouncers and security guards are hired by clubs, hotels, and other establishments to protect the clientele and to eject drunken or...
Is DRE Testimony Admissible in a S.C. DUI Trial?
South Carolina’s appellate courts have not yet decided the issue of whether DRE testimony is admissible at trial, but the courts will most likely admit DRE testimony when: 1) The officer is qualified as an expert; and 2) The testimony is limited to the officer’s...
Myrtle Beach DUI Defense: Drug Recognition Expert (DRE) Testimony
South Carolina’s DUI laws make it illegal for a person to drive a motor vehicle while intoxicated. Most people think of alcohol when they hear DUI, but the law also covers both legal and illegal drugs. You can’t determine whether a person is intoxicated on drugs with...
Can You Get a DUI on a Lawnmower in South Carolina?
You can be charged with DUI in South Carolina if you are in or on any vehicle that is powered by a motor. South Carolina police have charged people with DUI while: Riding a lawn mower, Driving a tractor, and Riding a moped (even when S.C.'s DUI law didn’t cover...
Criminal Profilers: Two Cases are Now Waiting for the Supreme Court
Last week, the S.C. Court of Appeals reversed a Lexington, S.C. conviction for murder and armed robbery based on the testimony of a criminal profiler. In State v. Prather, the Court of Appeals dodged the issue of whether a criminal profiler’s testimony should ever be...
Defective Construction of Charleston, S.C. Condos
A recent South Carolina Court of Appeals opinion affirmed a verdict of nearly $10 million for Charleston property owners compensating them for the damages that they suffered from defective construction of their condominium units. When developers lie to prospective...
Lawsuit Filed Against Polk County Sheriff
Last week, I wrote about the Polk County Sheriff’s announcement that if any person with an outstanding warrant sought shelter from the hurricane they would be arrested: If you go to a shelter for #Irma and you have a warrant, we’ll gladly escort you to the safe and...
South Carolina DUI Enforcement Awards
South Carolina continues to provide incentives for law enforcement to make as many DUI arrests as possible without reference to the quality of the cases that they make. South Carolina Department of Public Safety has a list here of the winners of the 12th Annual DUI...
South Carolina Lawsuit Filed Over Faulty Eclipse Glasses
A class action lawsuit was filed in Charleston, S.C. against Amazon for selling faulty, un-approved eclipse glasses that caused damage to eclipse watchers’ eyes. A South Carolina couple says faulty eclipse glasses purchased through Amazon left them with dark spots and...