Category Archives: Driving Under the Influence

Does a DUI lead to more serious crimes

From Forensic Magazine,  DUI’s are linked to future handgun crimes.

http://www.forensicmag.com/news/2017/01/duis-linked-later-firearms-crimes-study-says

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SC Highway Patrol Officer arrested for DUI wearing Blonde Wig, Red Dress

From the SC Criminal Defense Blog

Posted On: February 28, 2009 by Bobby G. Frederick

S.C. Highway Patrol officer arrested for DUI

While wearing a red dress, blonde wig, bra, and thong.

Officials say trooper Leslie C. Hoover was pulled over on John Dodd Road in Spartanburg County under suspicion of DUI. This came after a motorist called 911 to report Hoover’s personal vehicle, an Isuzu Rodeo, swerving erratically on Insterstate 26 about 6:40pm in heavy rush hour traffic. The SC Department of Public Safety says Hoover refused a breathalyzer and failed a field sobriety test. He was charged with driving under the influence.Thursday morning, Hoover appeared before a magistrate and was released on his own recognizance. But his appearance when he entered the jail has stirred more discussion than his legal troubles.

A high-ranking official who wished to remain anonymous tells News Channel 7 he saw Hoover brought into the jail “wearing a red dress”. He says Hoover was also wearing a bra and was seen “adjusting his bra” while he waited to be processed. And he says the shamed trooper had a pair of thong panties “in his possession”.

That would explain statements made by the man who made the 911 call on the interstate. The driver, who asked not to be identified, said Hoover “appeared to be wearing a blonde wig” when he came flying past him near exit 22. On a recording of his 911 call – which was obtained by News Channel 7 – the man refers to Hoover as “she” several times.

The driver who called 911 also reported that a state trooper came up behind Hoover’s vehicle and followed him, observed his erratic driving, and then went around him without stopping him.

S.C. Highway Patrol has had its share of embarrassments and problems over the past few years, some of which I’ve blogged about extensively. But, let me take this opportunity to say that, with a few exceptions, the troopers that I have dealt with in the Horry County area are more professional than any other agency that I’ve dealt with. They tend to make better cases, they are better trained, and I receive far fewer reports of unprofessional or abusive conduct than I do from City of Myrtle Beach and the Horry County Police Department. That being said, they’ve definitely got some live ones up there in the upstate.

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New SC DUI Law

Map of South Carolina
Image via Wikipedia

From the SC Criminal Defense Blog

Posted On: February 10, 2009 by Bobby G. Frederick

South Carolina’s new DUI law took effect today

S.C.’s revised DUI laws went into effect today at noon. Below is a basic outline of the major changes, from a post in May of last year:

Revised penalties under the new 56-5-2930:First offense: $400.00 or 48 hours to 30 days in jail, or 48 hours community service.
If the blood alcohol concentration (BAC) is .10 to .15: $500.00 or 72 hours to 30 days in jail, or 72 hours community service.
If the BAC is .16 or greater: $1000.00 or 30 days to 90 days, or 30 days community service.

Second offense: $2100.00 to $5100.00 and 5 days to 1 year in prison.
BAC of .10 to .15: $2100.00 to $5100.00 and 30 days to 2 years in prison.
BAC of .16 or greater: $3500.00 to $6500.00 and 90 days to 3 years in prison.

Third offense: $3800.00 to $6300.00 and 60 days to 3 years in prison.
BAC of .10 to .15: $5000.00 to $7500.00 and 90 days to 4 years in prison.
BAC of .16 or more: $7500.00 to $10,000.00 and 6 months to 5 years in prison.

Fourth or subsequent offense: 1 year to 5 years in prison.
BAC of .10 to .15: 2 years to 6 years in prison.
BAC of .16 or more: 3 years to 7 years in prison.

The jury makes the determination of what the BAC was, following a guilty verdict. If the jury does not reach a unanimous decision regarding the BAC, but does find that the accused is guilty, then the sentence is based on the non-enhanced penalties.

Another major change in the DUI law will be the deletion of the requirement that Miranda rights be read to the accused at the breath-testing site. Miranda must still be read to the accused on the roadside video, but not at the station.

The major changes are going to be in the penalties, which are now graduated based on BAC result. I’ll more of the details in the coming weeks, as time permits.

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