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State v. Martin6/19/2000
Appeal From Lexington County Marc H. Westbrook, Circuit Court Judge
Heard April 12, 2000
AFFIRMED IN PART AND VACATED IN PART
The circuit court vacated a magistrate's order which reopened Rebecca Ann Martin's purported conviction for driving under the influence (DUI). The State appeals. We affirm in part and vacate in part.
BACKGROUND
On August 4, 1997, Martin was involved in a single-car accident. Officer Lloyd Sells of the South Carolina Highway Patrol issued Martin a uniform traffic ticket for DUI, first offense, and told Martin to appear in Lexington County Traffic Court on August 26, 1997. A few days later and upon further investigation, Sells discovered Martin's passenger had been rendered a quadriplegic as a result of the accident. In a meeting with Martin, her attorney, and her parents, Sells informed Martin of his decision to upgrade the charge. Sells retrieved Martin's copy of the DUI ticket, wrote Martin a new ticket for felony DUI, told her not to appear in traffic court on August 26, and informed her that the solicitor's office would contact her for a new trial date in general sessions court. Thereafter, Sells retrieved the copy of the original ticket which had been sent to the traffic court. At this point, Sells had in his possession all five copies of the original DUI ticket.
On the scheduled trial date of August 26, Lexington County Magistrate Shirley M. Sons was absent on leave. Christine Tindall, a court assistant, processed tickets that day. Tindall filled out the paperwork for Martin's original DUI ticket which remained in Sells's ticket book, indicating (1) Martin was found guilty after a bench trial in her absence, (2) a $425 fine was imposed, and (3) a bench warrant was issued for Martin's arrest. However, neither Magistrate Sons nor any other judge ever held a trial regarding this ticket. Sells, who happened to be in court on other matters, realized the error and stopped Tindall from signing the magistrate's name to the ticket, informing her the original ticket had been withdrawn.
Sells thereafter forwarded all five copies of the ticket along with a voided summons form to the Department of Public Safety (DPS) where an officer wrote "void" on the back of the agency copy. An administrative assistant filling in for the employee who customarily processed voided tickets processed the DUI ticket, but failed to stamp "void" on the copies forwarded to Driver Records.
An employee of Driver Records, noting the ticket contained dispositional information but no signature from the presiding judge, returned the ticket to the traffic court. Tindall then signed the ticket and returned it to DPS. Magistrate Sons was not present when the ticket was signed, nor was it signed under her personal supervision. Thereafter, Martin's DUI conviction was entered, and her license was suspended effective December 22, 1997. Driver Records sent a notice of the suspension to Martin in December 1997, showing a conviction date of August 26, 1997. When Martin's attorney appeared on December 16, 1997 to pay the $425 fine, a court employee issued a receipt for payment even though she could not locate the ticket in the computer system.
On June 2, 1998, Sells's supervisor, Officer Scott Hicks, obtained an Ishmell order, ostensibly signed by Magistrate Sons, to reopen the case against Martin. Tammy Metts, a court employee handling the Ishmell orders, signed Magistrate Sons's name to the order; however, Magistrate Sons was not present nor did she have direct supervisory control over Metts when the order was signed. Furthermore, the order was issued without notice to Martin. The order explained: " his ticket was
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