Focus Area #2: Reforming the “Dash Cam” Statute
In a previous section we already outlined the concerns with our state’s dash cam statute that has been interpreted so strictly that it endangers public safety by too often leading to cases to be pled down over minor issues that do not get to the heart of whether the person accused was actually too impaired to drive. It is MADD’s stance, along with many partners we work with, that our dash cam video needs to be changed. The preference is not to remove dash cams from the arrest process but to amend the law so that a shortcoming in the video could result in the video, or a portion of it, being thrown out with the other evidence staying. No other crime statute puts such emphasis on the video.
Focus Area #3: Get It Right the First Time
In our meetings with local officers and prosecutors, many spoke in different ways about an issue MADD knows all too well—if we don’t treat first offense DUI seriously and get it right after that first arrest, what comes later may haunt us. MADD repeatedly serves victims/survivors whose crashes are caused by those with previous DUI arrests. The low conviction rates we’ve discussed have some of these offenders in those statistics. It is heartbreaking to serve a family so traumatically affected and then have to help them deal with the fact that the system failed so terribly, often because their offender was not found guilty of those earlier offenses and given the appropriate penalties that come with convictions. Our prosecutors spoke to another issue with those who go through the system the first time and end up with a lesser offense—they are even more savvy to the process and are even harder to convict if they are arrested again later. Now they have already seen that they can get a deal and will expect it again. If they worked with a DUI attorney, they’ve already had discussions about the ways people can get out of their DUIs. It is not unusual to find people who have had multiple DUI arrests pled down to reckless driving, and that should concern all of us who travel our roads. We must acknowledge the dangers we introduce when we don’t take the first arrest seriously. That does not mean an offender’s life needs to be ruined, but knowing there are penalties, especially when the penalties are smart and effective like requiring an Ignition Interlock Device, does influence future behavior. South Carolina should seek to be known as “tough on DUI,” but we are anything but right now. We have to connect that reality to our terrible DUI statistics. South Carolina can improve by more aggressively seeking convictions on first time offenders and requiring Ignition Interlock Devices for all offenders. There is another change that was brought up by our local stakeholders that was largely applauded when we shared the idea around. A DUI arrest that gets pled down to
25
Made with FlippingBook Learn more on our blog