experience is very important in this arena. Many DUI defense attorneys are very experienced.
Focus Area #6: Judges Need to Own the Culture of DUI Cases in their Court
A limited experience in the courtroom could lead one to the conclusion that the summary court judges hearing misdemeanor DUI cases do not have a substantial impact on the percentages of cases that lead to DUI convictions or are pled down to lesser charges. Often, the majority of DUI cases heard on a given day have already been worked out between the prosecutor and the defense, whether that agreement is a guilty plea for DUI or DUAC or a plea to a lesser charge. In these cases, the judge is typically just signing off on this agreement. However, a deeper look reveals that the summary court judge has an incredible amount of influence over the overall likelihood that arrests end up as DUI convictions in their 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 ab ove, 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.
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