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DREW CARROLL, ESQ. www.CarrollLawFirm.net.  DUI  DUAC  FDUI  IMPLIED CONSENT  COMPULSORY PROCESS  VIDEO RECORDING  IGNITION INTERLOCK  RECORD.

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Presentation on theme: "DREW CARROLL, ESQ. www.CarrollLawFirm.net.  DUI  DUAC  FDUI  IMPLIED CONSENT  COMPULSORY PROCESS  VIDEO RECORDING  IGNITION INTERLOCK  RECORD."— Presentation transcript:

1 DREW CARROLL, ESQ.

2  DUI  DUAC  FDUI  IMPLIED CONSENT  COMPULSORY PROCESS  VIDEO RECORDING  IGNITION INTERLOCK  RECORD KEEPING        

3  It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment…

4 IMPAIRMENTCAUSES  MATERIAL OR SIGNIFICANT  APPRECIABLE OR MEASURABLE  VOLUNTARY  ALCOHOL  DRUGS OR SUBSTANCES  ALCOHOL AND DRUGS OF SUBSTANCES

5  THE UNDERLYING CONDUCT IS NOT ILLEGAL  THE ACCUSATION IS FOUNDED ON OPINION  CULPABILITY IS THE RESULT OF KNOWLEDGE AND VOLUNTARY CONSUMPTION  INFERENCES = PROOF

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7  BAD DRIVING  ODOR OF ALCOHOL  EVIDENCE OF IMPAIRMENT  OBSERVATIONS  ADMISSIONS  FIELD TEST PERFORMANCE  BREATH TEST RESULT  INFERENCE FROM A REFUSAL

8  VOLUNTARY CONSUMPTION  KNOWLEDGE OF THE EFFECT  PREDICTABILITY

9  PRESCRIPTION  OVER THE COUNTER  ILLICITE

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13  HAVE A SYSTEM  KNOW THE RULES  KNOW THE SCIENCE  KNOW WHERE TO START  KNOW THE LAW

14  INTAKE FORMS  VIDEO OVERVIEW  CLIENT PHOTO  FILE OPENING INSTRUCTION FORM  CLIENT INFORMATION LETTER  QUESTIONAIRRE  CLIENT COPIES  CLIENT INSTRUCTION FORM

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16  DUI CLIENT INTAKE SHEET   LEGAL NAME:_______________________________ NICKNAME:_____________________   HOME PHONE:______________ CELL:_______________ WORK:_______________   PHYSICAL ADDRESS:__________________________________________________________   MAILING ADDRESS:___________________________________________________________   ______________________________________________________________________   AGE:_____ DOB:_____/______/______ WEIGHT:________ HEIGHT:___________   DRIVER’S LICENSE NUMBER:__________________________________ STATE:_________   DO YOU HAVE A CDL (COMMERCIAL DRIVER’S LICENSE)? YES/NO (Circle One)   SINGLE/MARRIED/SEPARATED/DIVORCED/WIDOWED? (Circle One)   ACCIDENT? YES/NO (Circle One) HOW MANY CARS INVOLVED? ________   IF YES, WHAT IS THE NAME OF YOUR INSURANCE COMPANY? __________________  AGENT:_______________ PHONE #:_________________ POLICY#:___________________   FIELD SOBRIETY TESTS GIVEN? YES/NO (Circle One) IF YES, CHECK WHICH ONES:  Finger to Nose_______  One Leg Stand_______  Heel to Toe_______  Follow Pen/HGN_______  Count Backwards_______  Alphabet_______  Finger Counting_______  Stand Still-Look Up/Rhomberg_______  Other:___________________   DID YOU HAVE ANYONE IN YOUR CAR WITH YOU? Y/N (Circle one)  NAME OF PERSON:_________________________RELATIONSHIP:___________________   WERE THERE OTHER OFFICERS ON THE ROADSIDE? YES/NO (Circle One)   DID YOU TAKE THE BREATH TEST? YES/NO (Circle One)   DID YOU TAKE A BLOOD TEST? YES/NO (Circle One)   DID YOU TAKE A URINE TEST? YES/NO (Circle One)   DID YOU RECEIVE ANY OTHER TICKETS? (i.e. speeding, no seat belt, open container)  IF YES, LIST HERE:________________________________________________________   WERE YOU VIDEO RECORDED ON ROADSIDE? Y/N? AT THE JAIL? Y/N (Circle One) 

17  EVERYTHING HAS IT’S PLACE  CALENDAR EVENTS  MEET DEADLINES  DOWNLOAD SLED VIDEO  SERVE SUBPOENA FOR ROADSIDE VIDEO  FILE DISCOVERY MOTION

18  THE OMVH RULES  ALC RULES  SLED POLICY

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20 MANDATED MANDATED INCIDENT SITE INCIDENT SITE  BEGIN NO LATER THAN ACTIVATION OF LIGHTS  INCLUDE FIELD TESTS  INCLUDE ARREST BREATH TEST SITE BREATH TEST SITE  INCLUDE ENTIRE PROCEDURE  INCLUDE TAKING OR REFUSING  ACTIONS OF TEST OPERATOR  INCLUDE SUBJECT’S CONDUCT DURING 20 MINUTE OBSERVATION PERIOD

21  DISMISSAL OF THE CHARGE IS AN APPROPRIATE REMEDY PROVIDED BY § WHERE A VIOLATION OF SUBSECTION (A) IS NOT MITIGATED BY SUBSECTION (B) EXCEPTIONS.

22  BREATH  BLOOD  URINE

23  THE MACHINE WAS IN PROPER WORKING ORDER AT THE TIME OF THE TEST  THE CORRECT CHEMICALS HAD BEEN USED  THE ACCUSED WAS NOT ALLOWED TO PUT ANYTHING IN HIS MOUTH FOR TWENTY MINUTES PRIOR TO THE TEST  THE TEST WAS ADMINISTERED BY A QUALIFIED PERSON IN THE PROPER MANNER

24  DETAILED RECORDS OF SPECIFIC PROBLEMS WITH THE BREATH TESTING MACHINE MUST BE KEPT AT THE BREATH TESTING SITE  ONCE A D MAKES A PRIMA FACIE SHOWING OF PREJUDICE, THE BURDEN MUST SHIFT TO THE STATE TO PROVE THE D WAS NOT PREJUDICED

25  FIELD SOBRITY EXERCISES  DRUG RECOGNITION “EXPERTS”

26  EVIDENCE RESULTING FROM THE HGN TEST, AS FROM OTHER FIELD TESTS, IS ADMISSIBLE WHEN THE TEST WAS USED TO ELICIT OBJECTIVE MANIFESTITIONS OF SOBERNESS OR INSOBRIETY.  THE HGN SHALL NOT BE USED TO ESTABLISH A SPECIFIC DEGREE OF BLOOD ALCOHOL CONTENT.

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28  FIELS SOBRIETY ADMINISTRATION  BREATH SAMPLE ANALYSIS  BLOOD SAMPLE ANALYSIS  PHARMACOLOGIST  ACCIDENT RECONSTRUCTION

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30 Penalty Section Incorporated and Expanded Driving Under the Influence 1 ST 2 ND 3 RD 4 TH & ABOVE REFUSAL OR.09 OR LESS $400 FINE ($992) OR 48 HOURS TO 30 DAYS IN JAIL PSE OPTION $2100-$5100 AND 5 DAYS TO 1 YEAR IN JAIL NO PSE $3800-$6300 AND 60 DAYS TO 3 YEARS IN JAIL NO PSE 1 -5 YEARS IN JAIL NO PSE BAC OF $500 OR 72 HOURS TO 30 DAYS IN JAIL PSE OPTION $2500-$5500 AND 30 DAYS TO 2 YEARS IN JAIL NO PSE $5000-$7500 AND 90 DAYS TO 4 YEARS IN JAIL NO PSE 2-6 YEARS IN JAIL NO PSE BAC OF.16 & ABOVE $1000 OR DAYS IN JAIL PSE OPTION $3500-$6500 AND 90 DAYS TO 3 YEARS IN JAIL NO PSE $7500-$10,000 AND 6 MONTHS – 5 YEARS IN JAIL NO PSE 3-7 YEARS IN JAIL NO PSE

31  1 ST 6 MONTHS  2 ND 9 MONTHS  3 RD 12 MONTHS  4 TH OR MORE15 MONTHS

32  1 ST 1 MONTH  2 ND 2 MONTHS  3 RD 3 MONTHS  4 TH OR MORE4 MONTHS

33  LIFE TIME RECORD  ENHANCEMENT IF PRIOR DUI OR DUAC WITHIN 10 YEARS  ONLY 1 RR DL EVER  IGNITION INTERLOCK IF 2 ND OR SUBSEQUENT CONVICTION  SUSPENSION OF REGISTRATION AND PLATES  MUST PAY FOR TEST IF CONVICTED  ADVERSE IMPACT ON PROFESSIONAL LICENSES  ADVERS IMPACT ON EDUCATIONAL OPPORTUNITY

34  ROCKHILL V. SUCHENSKI, 374 S.C. 12, 646 S.E. 2D 879 (S.C. 2007)  STATE V. SULLIVAN, 426 S.E. 2D 766 (S.C. 1993)  STATE V. PARKER, 271 S.C. 159, 245 S.E. 2D 904 ( S.C. 1978)  STATE V. LANDON, 370 S.C. 103, 634 S.E. 2D 660 (S.C. 2006)


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