Miranda rights are heard being clearly read to the offender on the audio recording but that does not appear within the video frame. No other crime requires on-camera reading of Miranda. It should be noted that many DUI arrests take place late at night on the side of active roadways. It is very likely that many cases will have unclear video due to lights, glare, shadows, imperfect angles, and inevitable mechanical malfunctions. An officer conducting an investigation out of the car cannot be expected to have perfect knowledge of what is being recorded. While recent higher court rulings have addressed some of the most outlandish types of video-related case dismissals that MADD collected from officers and prosecutors in 2014 and 2015, more needs to be done legislatively to correct this issue. 2. Delays in Cases. It is often discussed that the longer a case drags out, the less likely a conviction will be reached. If the arresting officer moves, leaves law enforcement, or for any other reason becomes unavailable for the hearing then the case is often dismissed. Many of our experts related stories of defense attorneys requesting continuances with one possible benefit being that the officer becomes unavailable. There are other factors that can delay a case, however, including the fact that misdemeanor DUI cases are heard in the lowest courts. If someone involved in the prosecution or defense of the case is needed in a higher court, then that will likely prompt a continuance. In our 2020 local roundtable discussions, case delays were noted so frequently as a major cause for pleading down cases that we felt compelled to move it up on this list. It should also be noted that some case delays occur when there is a more problematic case from a prosecution perspective, and they may be less likely to push for swift hearing of the case. However, the majority of comments reflect that most continuances are requested by the defense. 3. Officer Error and Inexperience. As described above, South Carolina puts an especially high burden on an officer arresting someone for DUI because of the exacting procedures required by law. However, it is the current law of the land, and many officers excel at making strong cases. Officers that do not put all of their training to use in an investigation can often hurt the prosecution and necessitate a plea to a lesser charge. Even experienced, diligent officers sometimes neglect to fulfill every requirement of the DUI investigation, but we are constantly hearing about high law enforcement turnover and more inexperienced officers being on the road. Without high quality training and incentives to excel in DUI investigations, this will lead to more arrests that may not end up as convictions. This is still preferable to not arresting for DUI at all, however, if the officer believes there is impairment.
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