If I didn’t receive requested discovery in my DUI case, can I request a continuance for my DMV administrative hearing?
James's answer
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Answered on January 12, 2022
The short answer is you cannot get a continuance of your Administrative hearing based upon not receiving your Rule 5 discovery. Rule 5 is a...
Which states DMV will be in charge of my license suspension?
James's answer
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Answered on September 28, 2021
SC is your home state so it will suspend your SC DL. NC will suspend your "privilege" to drive in that state. SC will suspend for 1 year, require a...
How should I handle this DUI charge?
James's answer
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Answered on September 09, 2021
You have completely different cases. DUI in a "criminal" trial (up to 30 days or $992) and the "Implied Consent" is a "civil" license suspension....
A defendants charges are dismissed by a magistrate for reason that the officer did not show up to try case?
James's answer
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Answered on August 17, 2021
If you were taken into custody and were photographed and fingerprinted at the county jail you are entitled to an expungement. The Magistrate court...
How can I get out of court ordered asap program so I can get my license back because of Covid I could not attend
James's answer
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Answered on August 17, 2021
No. It is implied that you did not take the class for your own reasons, the state did not prohibit you from taking it for 15 years. You must take...
How can I be charged with open container,and was pulled over for missing tag light,yet never charged with missing tag light
James's answer
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Answered on June 22, 2021
Police do not have to charge you with every crime they believe you committed. The open container charge, if beer or wine, they will not be able to...
What happens if I was arrested arraignmed went to one court date and 15 months later just got a court date is there time limits
James's answer
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Answered on March 20, 2020
South Carolina is one of only two states that has no statute of limitations for criminal offenses. In some cases there may be a violation of due...
Archived
I have a 5 year suspenction but i can get a reduction in 2 years will i get my licence back
James's answer
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Answered on December 23, 2019
You are allowed to petition to have your driving privileges reinstated after two years but it’s not guaranteed that you will get your license...
Can I file a lawsuit against an officer or police department for a false DUI arrest?
James's answer
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Answered on December 13, 2019
This is not enough information to give you a reliable answer. I would want to see the videos, police report and SLED urinalysis.
Archived
How can Ga DUI laws supercede SC DUI laws for a SC licensed driver?
James's answer
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Answered on December 09, 2019
If this is a true first offense DUI then a conviction will suspend your South Carolina license for six months.
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