
Can a DUI Be Dismissed in SC?
While getting a traffic ticket is troublesome on the best day, being charged with a DUI could affect more than just your driving privileges. A conviction could result in steep fines and jail time. If you were caught operating a vehicle under the influence of alcohol, you are probably wondering whether a DUI can be dismissed in SC.
Christopher L. Jones is an experienced criminal defense attorney who could answer your questions and help you navigate the court system with confidence. Contact Chris Jones Law today to schedule a consultation and begin building your defense.
Lack of Probable Cause
According to the Fourth Amendment, South Carolina’s law enforcement personnel must have probable cause to pull you over for a traffic stop. This legal standard ensures that arresting police officers have reasonable evidence that you committed a crime, rather than just a mere feeling that you have done something illegal. If your attorney proves that there was no valid reason for the stop or the subsequent arrest, it is possible to have your DUI charges dismissed in SC.
Did the Arresting Officer Follow the Law?
Attorney Christopher L. Jones could also examine the arresting officer’s conduct to ensure they followed the law during your traffic stop and arrest. If they did not follow proper procedures, we could argue for a dismissal.
For example, police officers are required by law to videotape the whole DUI arrest process, from turning on their warning light to reading you your Miranda rights and administering field sobriety tests. If SC law enforcement officers failed to follow any of these steps along the way, we could make a strong case for a dismissal of your driving under the influence charges.
Could We Challenge the Prosecutor’s Case?
Challenging the prosecutor’s case is another strategy used to fight for your rights to a dismissal of charges. Your lawyer could argue that the breathalyzer test was administered incorrectly and produced unreliable results, while using expert witness testimony to debunk the state’s scientific evidence in your DUI case.
Your attorney could also demonstrate other contributing factors. For example, a medical condition, such as low blood sugar or Parkinson’s disease, could affect your behavior and be mistaken for intoxication by the officers. Additionally, uneven ground could make you stumble during a field test, even when you are sober. Successfully challenging the prosecution’s argument could result in a dismissal of DUI charges in South Carolina.
Reach Out to a Knowledgeable South Carolina DUI Attorney To Get Your Charges Dismissed
Being charged with a DUI does not mean you have to suffer the penalties. There are many methods Attorney Christopher L. Jones could use to get your DUI charges dismissed in South Carolina. Reach out today to learn more about whether a DUI can be dismissed in SC and how a lawyer could help you through this complex experience.