2024 MADD SC Court Monitoring Report Broken Laws Broken Liv…

• Internal policies that make it harder to drop a DUI in exchange for guilty pleas on other charges • Clerical or paralegal support to make the prosecutor more efficient, including someone to review the sometimes hours of video footage for each arrest We understand that prosecuting a DUI is quite difficult in South Carolina, even with considerable effort and resources. Everything about DUIs here is harder than it needs to be. Certainly, in each case, the prosecutor typically has the best overall perspective on what is the best way to handle that case given the quality of the investigation and their experience with the local judges and juries. However, we cannot look at the overall rate of pleas to lesser charges and feel satisfied. It may even be a better overall result to lose more cases if it means getting more DUI convictions over reckless driving pleas. One of the many benefits to a consistently strong prosecution culture is hopefully a decrease in repeat offenders. We are told that offenders who “get a break,” often a plea deal to a lesser charge, on their first DUI arrest rarely agree to “take their medicine” on a second arrest. Instead, they come into the process feeling even more entitled to another lenient result, and prosecutors say they are extra hard to get to plea. Given the average drunk driver has done it 80 times before their first arrest, we need to be more discerning about assuming everyone deserves only a slap on the wrist on first offense. Focus Area #3: Strengthening Collaboration Between Prosecutors and Law Enforcement to Combat DUIs To enhance the fight against DUIs, it is essential to foster a collaborative and cohesive relationship between prosecutors and law enforcement officers. Prosecutors and law enforcement officers play distinct yet interconnected roles in the DUI enforcement process. Law enforcement officers are typically the first responders, responsible for detecting and apprehending suspected impaired drivers through field sobriety tests and breathalyzer assessments. Their detailed and accurate documentation of evidence is pivotal in building a strong case for prosecution. Prosecutors, on the other hand, are tasked with reviewing the evidence presented by law enforcement, determining the viability of charges, and presenting the case in court. They must ensure that all legal standards and procedures are followed, and they bear the responsibility of seeking justice for victims while respecting the rights of the accused. Effective communication and coordination between prosecutors and law enforcement are foundational to successful DUI enforcement. Regular meetings, joint training sessions, and clear lines of communication ensure that both parties understand each other's challenges, priorities, and legal requirements. By fostering mutual respect and understanding, prosecutors and officers can streamline the process of gathering evidence, preparing cases, and presenting compelling arguments in court. Some feedback we received from our 2024 Court Monitoring Roundtable discussions were:

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