court. Specifically, how a judge has ruled in the past over issues like whether a dash cam video is sufficient can have everything to do with how prosecutors will handle cases in that courtroom going forward. While undoubtedly judges are dealing with the hand they are dealt with a long and complex set of statutes, they can still play a role in ensuring that DUIs will be dealt with seriously. This can be through the statements they make and penalties they issue reflecting the danger of drunk and drugged driving. It also can be through how they deal with pre-trial motions by the defense. It was relayed to us that General Sessions judges typically show much less patience in dealing with a barrage of pre-trial motions over technicalities. In addition, officers in some parts of the state have relayed to MADD that their judges do not throw out dash cam videos over meaningless flaws in the video. In addition, judges can also decide how much they allow continuances by the defense. In every expert panel we hold, some version of the comment is made that “delay is the first tactic in DUI defense.” As discussed in our section on case delays above, there are many reasons why continuances may be requested and some are very legitimate. Regardless, the judge can influence the speed with which DUI cases are heard. While we most often heard stories of repeated delays always granted by the judge, we also heard stories of judges taking control of the situation and demanding a defense attorney make themself present at the next available opportunity. It is also very important that judges seek out additional training on overseeing DUI cases. New judges go through three hours of training on DUI cases—half presented from a prosecutor and half from a defense attorney. Additional training is available but not always utilized. Given the complexity of the cases, especially drugged driving cases, it seems that this level of training is insufficient. It should also be noted that South Carolina magistrates are not required to have any legal background to be appointed to that role. As noted earlier, training may also be needed on ensuring that judges are not protecting pro se defendants to such an extent that they blur their role into nearly serving as a defense attorney. Focus Area #6: Improve Training for Officers While we believe strongly that our DUI statute and other factors make it far too difficult to make a DUI arrest that can get a conviction, it is a reality that we must for now work under the statute we have. Therefore, we urge additional resources be put toward sufficient training for officers in how to properly arrest an individual for DUI and how to document the arrest in a manner that makes it most likely to get a conviction. If prosecutors receive an arrest where required steps are left out, they will have little choice but to try to get a lesser plea in order to get any sort of conviction. Strong initial training and repeated, available advanced training is needed to keep those skills strong while also encouraging law enforcement agencies to address how they can incentivize officers doing their best in all aspects of the arrest.
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