Legal Question in Criminal Law in South Carolina

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Any DUS carries potential jail time. However, usually people don't get a jail sentence for a 1st or a 2d. There is also a fine an another suspension. These are difficult charges to defend since either a person had a license or they didn't. One thing that occasionally helps the defense is whether the prosecution can show that the State sent the defendant a Notice of Suspension, which is required.

These become difficult cases when its a 3d offense or more. That is because the law requires mandatory jail time for a 3 offense. Therefore, the goal is usually to get the prosecution to reduce the charge to a second offense and let the defendant pay a fine on that so that he/she doesn't go to jail.

Whether or not the prosecution will agree to that depends on a number of things, such as why the person's license was suspended in the first place, how long its been in between each DUS, what other things are on their driving record, and so on. Each case is different and there is no one answer for each person.

My office is in the Myrtle Beach area in Horry County and your welcome to call if you have any other questions or need representation.

Robert Johnston