 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Knuckles1/28/2002
Appeal From Cherokee County Thomas L. Hughston, Jr., Circuit Court Judge
Heard December 4, 2001
VACATED
Harold Knuckles was charged with driving under the influence (DUI), pled guilty, and was convicted. Knuckles appeals asserting the circuit court lacked subject matter jurisdiction to accept his plea because the indictment charging him with DUI did not contain all of the statutory elements of the offense. We agree and vacate the conviction.
FACTS
On July 17, 1998, Trooper Godfrey of the Highway Patrol responded to a traffic call from a Metro Narcotics Officer. Upon his arrival at the scene, Godfrey encountered Knuckles, performed sobriety tests, and determined Knuckles was under the influence. Knuckles was arrested and imprisoned for three days.
At his plea hearing, Knuckles requested the court's mercy as he had secured a new job to begin the following week. The court sentenced Knuckles to one year imprisonment and fined him $2,000 suspended on time served, $1,000 fine and probation for two years. Knuckles appeals.
LAW/ANALYSIS
Knuckles asserts the circuit court lacked subject matter jurisdiction to accept his guilty plea because the indictment failed to adequately charge him with DUI pursuant to section 56-5-2930 of the South Carolina Code. We agree.
The indictment reads as follows:
That Harold Knuckles, Sr. did in Cherokee County on or about July 17, 1998, drive a vehicle while under the influence of intoxicating liquors, and/or narcotic drugs, barbiturates, paraldehydes drugs and herbs; such not being the first offense within a period of ten years including and immediately preceding the foregoing date.
The caption of the indictment cited section 56-5-2930, but the section was not referenced in the body of the indictment.
Prior to June 29, 1998, section 56-5-2930 read as follows:
It is unlawful for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquors, narcotic drugs, barbiturates, paraldehydes or drugs, herbs or any other substance of like character, whether synthetic or natural, to drive any vehicle within this State.
For purposes of this section 'drug' means illicit or licit drug, a combination of licit or illicit drug, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug. S.C. Code Ann. § 56-5-2930 (1991).
Section 56-5-2930 was amended effective June 29, 1998, and at the time of the offense it read as follows:
It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired. S.C. Code Ann. § 56-5-2930 (Supp. 1998) (emphasis added).
The language used in the indictment tracked the language of the statute prior to the amendment, and did not contain the "materially and appreciably impaired" language.
The subject matter jurisdiction of a court is fundamental. "Lack of subject matter jurisdiction may not be waived, even by consent of the parties, and should be taken notice of by this Court. It is well
Page 1 2 3 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|