Timothy C. Kulp’s Answers

Timothy C. Kulp

Charleston Criminal Defense Attorney.

Contributor Level 7
  1. How do we know if an bench warrant has been issued for our son. The Clerk of Court is not responding.

    Answered 20 days ago.

    1. Timothy C. Kulp
    2. Russell D. Hilton
    3. Kevin Michael Seibert
    4. Stephan Victor Futeral
    4 lawyer answers

    I assume this regards South Carolina. You can check county clerk public records at the following site on the web. Go to the pull down list at the bottom left of the page and make inquiries from there. Find his case by name and then click on the tab for full report which should contain an entry for a bench warrant if one was issued. Good luck. http:/www.judicial.state.sc.us”

    5 lawyers agreed with this answer

  2. I received my first DUI. I had lost got lost and found my way back. Stopped at a bar 2 have a drink just to relax a min.

    Answered over 3 years ago.

    1. Kevin Jeffrey Pitts
    2. Daniel Albert Selwa II
    3. Timothy C. Kulp
    4. Theodore W. Robinson
    4 lawyer answers

    Please see my Web site www.kulplaw.com. I specialize in criminal trial advocacy here in the tri-county area and have handled thousands of DUI cases as a prosecutor and defense lawyer. Your description of your case immediately raises several salient defense issues that I am happy to review with you. I am happy to meet with you at no cost nor obligation. Please call tomorrow. Thanks, Tim Kulp

  3. DUI without driving, but walking back to my motorcycle?

    Answered over 4 years ago.

    1. Timothy C. Kulp
    1 lawyer answer

    Interesting factual situation. I would imagine that the prosecution would have a hard time establishing that you consumed alcohol prior to entering the bar unless you confessed to doing so. That would raise other issues. However, our law here is SC, like most, does not criminalize prospective conduct. There is no offense of attempted DUI. I see you are in Mt. Pleasant. A lot can be explained if that is where you were arrested. Again if so, talk to a lawyer asap and do not speak to the...

  4. I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    Answered over 4 years ago.

    1. Timothy C. Kulp
    2. Wayne Rodgers Foote
    4 lawyer answers

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “tasks” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my...

  5. I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    Answered over 4 years ago.

    1. Timothy C. Kulp
    2. Wayne Rodgers Foote
    4 lawyer answers

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “task” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my...

  6. I was outside of my car and the keys were in my pocket and I got a DUI. Does that make sense?

    Answered over 4 years ago.

    1. Timothy C. Kulp
    2. Wayne Rodgers Foote
    4 lawyer answers

    There must be proof of driving. Considering the notion of proof of corpus delicti, (a person cannot be convicted upon their admission alone), there must be some other proof of driving. From a jury pitch perspective, you shouldn't be punished for doing the correct thing-ceasing to drive. There is no requirement that you submit to field sobriety tasks. These “task” are subjectively graded and are rarely applied consistent with the requirements for standardized field sobriety tests promulgated my...

  7. What Happens if you fail pretrial intervention

    Answered over 4 years ago.

    1. Timothy C. Kulp
    2. John Hunsucker
    2 lawyer answers

    You need to contact a criminal defense lawyers as soon as possible. Your lawyer would most probably quickly pursue acquisition of the following information: -Has a bench warrant been issued for your failure to appear at a court appearance scheduled after your termination from the program (if you have been terminated). What information have you received from the PTI program regarding your positive drug test? Have you changed your mailing address? -Is there any possibility that PTI might...

  8. How should i reschedule my court date or get my PTI moved to August when I will be in state again.

    Answered over 4 years ago.

    1. Timothy C. Kulp
    1 lawyer answer

    First, you should check on the terms and conditions of your release. Even for minor criminal offenses, there may be a requirement that you do not leave the state. Sounds like you have already explored or have been offered participation in the PTI program. If so, you should contact that program regarding your concerns. They may work with your schedule, or there may be a complimentary program that PTI here would accept there allowing you to finish any requirements during the summer. I assume you...

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