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DREW CARROLL, ESQ. www.CarrollLawFirm.net
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DUI DUAC FDUI IMPLIED CONSENT COMPULSORY PROCESS VIDEO RECORDING IGNITION INTERLOCK RECORD KEEPING 56-5-2930 56-5-2933 56-5-2945 56-5-2950 56-5-2934 56-5-2953 56-5-2941 56-5-2954
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It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment…
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IMPAIRMENTCAUSES MATERIAL OR SIGNIFICANT APPRECIABLE OR MEASURABLE VOLUNTARY ALCOHOL DRUGS OR SUBSTANCES ALCOHOL AND DRUGS OF SUBSTANCES
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THE UNDERLYING CONDUCT IS NOT ILLEGAL THE ACCUSATION IS FOUNDED ON OPINION CULPABILITY IS THE RESULT OF KNOWLEDGE AND VOLUNTARY CONSUMPTION INFERENCES = PROOF
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BAD DRIVING ODOR OF ALCOHOL EVIDENCE OF IMPAIRMENT OBSERVATIONS ADMISSIONS FIELD TEST PERFORMANCE BREATH TEST RESULT INFERENCE FROM A REFUSAL
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VOLUNTARY CONSUMPTION KNOWLEDGE OF THE EFFECT PREDICTABILITY
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PRESCRIPTION OVER THE COUNTER ILLICITE
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HAVE A SYSTEM KNOW THE RULES KNOW THE SCIENCE KNOW WHERE TO START KNOW THE LAW
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INTAKE FORMS VIDEO OVERVIEW CLIENT PHOTO FILE OPENING INSTRUCTION FORM CLIENT INFORMATION LETTER QUESTIONAIRRE CLIENT COPIES CLIENT INSTRUCTION FORM
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DUI CLIENT INTAKE SHEET LEGAL NAME:_______________________________ NICKNAME:_____________________ HOME PHONE:______________ CELL:_______________ WORK:_______________ PHYSICAL ADDRESS:__________________________________________________________ MAILING ADDRESS:___________________________________________________________ E-MAIL:______________________________________________________________________ AGE:_____ DOB:_____/______/______ WEIGHT:________ HEIGHT:___________ DRIVER’S LICENSE NUMBER:__________________________________ STATE:_________ DO YOU HAVE A CDL (COMMERCIAL DRIVER’S LICENSE)? YES/NO (Circle One) SINGLE/MARRIED/SEPARATED/DIVORCED/WIDOWED? (Circle One) ACCIDENT? YES/NO (Circle One) HOW MANY CARS INVOLVED? ________ IF YES, WHAT IS THE NAME OF YOUR INSURANCE COMPANY? __________________ AGENT:_______________ PHONE #:_________________ POLICY#:___________________ FIELD SOBRIETY TESTS GIVEN? YES/NO (Circle One) IF YES, CHECK WHICH ONES: Finger to Nose_______ One Leg Stand_______ Heel to Toe_______ Follow Pen/HGN_______ Count Backwards_______ Alphabet_______ Finger Counting_______ Stand Still-Look Up/Rhomberg_______ Other:___________________ DID YOU HAVE ANYONE IN YOUR CAR WITH YOU? Y/N (Circle one) NAME OF PERSON:_________________________RELATIONSHIP:___________________ WERE THERE OTHER OFFICERS ON THE ROADSIDE? YES/NO (Circle One) DID YOU TAKE THE BREATH TEST? YES/NO (Circle One) DID YOU TAKE A BLOOD TEST? YES/NO (Circle One) DID YOU TAKE A URINE TEST? YES/NO (Circle One) DID YOU RECEIVE ANY OTHER TICKETS? (i.e. speeding, no seat belt, open container) IF YES, LIST HERE:________________________________________________________ WERE YOU VIDEO RECORDED ON ROADSIDE? Y/N? AT THE JAIL? Y/N (Circle One)
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EVERYTHING HAS IT’S PLACE CALENDAR EVENTS MEET DEADLINES DOWNLOAD SLED VIDEO SERVE SUBPOENA FOR ROADSIDE VIDEO FILE DISCOVERY MOTION
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THE OMVH RULES ALC RULES SLED POLICY
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MANDATED MANDATED INCIDENT SITE INCIDENT SITE BEGIN NO LATER THAN ACTIVATION OF LIGHTS INCLUDE FIELD TESTS INCLUDE ARREST BREATH TEST SITE BREATH TEST SITE INCLUDE ENTIRE PROCEDURE INCLUDE TAKING OR REFUSING ACTIONS OF TEST OPERATOR INCLUDE SUBJECT’S CONDUCT DURING 20 MINUTE OBSERVATION PERIOD
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DISMISSAL OF THE CHARGE IS AN APPROPRIATE REMEDY PROVIDED BY § 56- 5-2953 WHERE A VIOLATION OF SUBSECTION (A) IS NOT MITIGATED BY SUBSECTION (B) EXCEPTIONS.
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BREATH BLOOD URINE
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THE MACHINE WAS IN PROPER WORKING ORDER AT THE TIME OF THE TEST THE CORRECT CHEMICALS HAD BEEN USED THE ACCUSED WAS NOT ALLOWED TO PUT ANYTHING IN HIS MOUTH FOR TWENTY MINUTES PRIOR TO THE TEST THE TEST WAS ADMINISTERED BY A QUALIFIED PERSON IN THE PROPER MANNER
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DETAILED RECORDS OF SPECIFIC PROBLEMS WITH THE BREATH TESTING MACHINE MUST BE KEPT AT THE BREATH TESTING SITE ONCE A D MAKES A PRIMA FACIE SHOWING OF PREJUDICE, THE BURDEN MUST SHIFT TO THE STATE TO PROVE THE D WAS NOT PREJUDICED
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FIELD SOBRITY EXERCISES DRUG RECOGNITION “EXPERTS”
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EVIDENCE RESULTING FROM THE HGN TEST, AS FROM OTHER FIELD TESTS, IS ADMISSIBLE WHEN THE TEST WAS USED TO ELICIT OBJECTIVE MANIFESTITIONS OF SOBERNESS OR INSOBRIETY. THE HGN SHALL NOT BE USED TO ESTABLISH A SPECIFIC DEGREE OF BLOOD ALCOHOL CONTENT.
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FIELS SOBRIETY ADMINISTRATION BREATH SAMPLE ANALYSIS BLOOD SAMPLE ANALYSIS PHARMACOLOGIST ACCIDENT RECONSTRUCTION
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Penalty Section Incorporated and Expanded Driving Under the Influence 1 ST 2 ND 3 RD 4 TH & ABOVE REFUSAL OR.09 OR LESS $400 FINE ($992) OR 48 HOURS TO 30 DAYS IN JAIL PSE OPTION $2100-$5100 AND 5 DAYS TO 1 YEAR IN JAIL NO PSE $3800-$6300 AND 60 DAYS TO 3 YEARS IN JAIL NO PSE 1 -5 YEARS IN JAIL NO PSE BAC OF.10-.15 $500 OR 72 HOURS TO 30 DAYS IN JAIL PSE OPTION $2500-$5500 AND 30 DAYS TO 2 YEARS IN JAIL NO PSE $5000-$7500 AND 90 DAYS TO 4 YEARS IN JAIL NO PSE 2-6 YEARS IN JAIL NO PSE BAC OF.16 & ABOVE $1000 OR 30 - 90 DAYS IN JAIL PSE OPTION $3500-$6500 AND 90 DAYS TO 3 YEARS IN JAIL NO PSE $7500-$10,000 AND 6 MONTHS – 5 YEARS IN JAIL NO PSE 3-7 YEARS IN JAIL NO PSE
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1 ST 6 MONTHS 2 ND 9 MONTHS 3 RD 12 MONTHS 4 TH OR MORE15 MONTHS
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1 ST 1 MONTH 2 ND 2 MONTHS 3 RD 3 MONTHS 4 TH OR MORE4 MONTHS
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LIFE TIME RECORD ENHANCEMENT IF PRIOR DUI OR DUAC WITHIN 10 YEARS ONLY 1 RR DL EVER IGNITION INTERLOCK IF 2 ND OR SUBSEQUENT CONVICTION SUSPENSION OF REGISTRATION AND PLATES MUST PAY FOR TEST IF CONVICTED ADVERSE IMPACT ON PROFESSIONAL LICENSES ADVERS IMPACT ON EDUCATIONAL OPPORTUNITY
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ROCKHILL V. SUCHENSKI, 374 S.C. 12, 646 S.E. 2D 879 (S.C. 2007) STATE V. SULLIVAN, 426 S.E. 2D 766 (S.C. 1993) STATE V. PARKER, 271 S.C. 159, 245 S.E. 2D 904 ( S.C. 1978) STATE V. LANDON, 370 S.C. 103, 634 S.E. 2D 660 (S.C. 2006)
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