Legal Question in DUI Law in South Carolina

First of all, I apologize for the delay in answering your question. I always respond as soon as I get a question. However, the site does not always forward questions to me for a few days. I see that you posted your question on the 13th. So again, I'm sorry for not being able to respond immediately.

As far as your question is concerned about getting an attorney, there's a few things you should know. First, yes, she really should have an attorney, for several reasons. The prosecutor is in the business of prosecuting. And they consider each and every conviction as a victory. With that in mind, should they take her case to trial, niether you nor your daughter would be qualified to try the case. She would be totally on her own, as the court would not allow you to represent her. That would be considered by the court as the "Unauthorized Practice of Law," which is not only forbidden, but its actually a crime.

The second reason for needing an attorney, is due to the shear importance of this case. A DUI conviction involves a suspension of a person's driver's license, high risk insurance for three years (also called SR-22), a potentially high fine and potential jail time. It also not only goes on your driving record for ten years, but it goes on your criminal record forever.

Lastly, there is a lot more to these cases than what people realize. There are potential defenses, mitigational circumstances, often there are flaws in the arrest and/or testing procedures, etc. An experienced DUI attorney would know how and where to look for these things and then would know how to negotiate with the prosecutor. And, if any of these matters require a hearing, the defense attorney would know how to present and argue these matters in court.

As far as the money is concerned, you should be aware of a couple things. First, I don't know enough about your daugther's case to tell you anything with certainty. However, in some cases its possible that eventually the person charged will end up spending more money in the long run without an attorney. In other words, there are some cases where the attorney is able to get the fine reduced in an amount that is more than what the lawyer cost. Not to mention the ramifications of losing your driving privledges and the cost of high rish insurance.

I do not know where in South Carolina your located. My office is in the Myrtle Beach area and I accept cases throughout the entire state. You should know that lawyers charge different amounts. Hiring a lawyer can be very deceiving. You cannot judge the quality of the attorney based on the amount he/she charges. It simply does not work that way. I've been doing this a very long time and have handled countless DUI cases. I usually charge less than most other lawyers. I do that for two reasons. One, its just good business. And second, two, I've done this long enough that I can usually defend a case and get through the court system without spending an unreasonable amount of time and effort.

You are more than welcome to call. I do not charge to consult with people. I'll provide you with a number that is a phone line at my office that is forwarded to my cell phone in the evenings and weekends. You can call anytime up to around 11:00 p.m. or so.

Robert J. Johnston

843-946-0099