Legal Question in DUI Law in South Carolina

What is Preliminary Hearing for?

My daughter was arrested for DUI 2nd and refused breathalyzer test. She was told she had to request Preliminary Hearing before magistrate within 10 days. What is that for and should we request it?


Asked on 8/07/07, 8:10 pm

4 Answers from Attorneys

Elizabeth Hyatt E.H. Robinson Law, LLC

Re: What is Preliminary Hearing for?

A preliminary hearing is to determine what evidence the prosecution has against your daughter, and she should absolutely request one. She needs a lawyer as well, to request and review all of her rights under the law. If you need assistance with this, feel free to call or email me. Good luck.

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Answered on 8/07/07, 8:14 pm
Ray Lord Lord Law Firm, LLC

Re: What is Preliminary Hearing for?

You should request the preliminary hearing and seek legal counsel asap to protect your rights. This hearing is to determine whether the officer had "probable cause" to make the charge. It is an important step, however, if it is not requested, it will be waived. Contact my office for a free consultation. [email protected]

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Answered on 8/07/07, 8:14 pm
Robert Johnston Law Offices of Robert J. Johnston

Re: What is Preliminary Hearing for?

Looks like you already got a couple answers to this question. Well here's another one. A preliminary hearing is to determine if there was probable cause for the arrest. With a DUI there will most likely be probable cause. The important concerns with a DUI, are whether there is any evidence of impaired driving, how she looked and talked on the video tape, and the results of the breath test, if there was one. Robert Johnston [email protected]

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Answered on 8/07/07, 8:30 pm
Richard Culler Culler Law Firm, P.A.

Re: What is Preliminary Hearing for?

depends upon whether SC or NC DWI/DUI? sounds like NC, but one way or other, i would ask for hearing if available under SC law (if SC case)...

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Answered on 8/08/07, 6:22 am


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