South Carolina Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of South Carolina or Court of Appeals of South Carolina where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Baucom - 5/8/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From York County John C. Hayes, III, Circuit Court Judge
Heard March 22, 2000
REVERSED AND REMANDED
Petitioner asks this Court to reverse an opinion of the...
State v. Scriven - 3/13/2000
Appeal From Colleton County Rodney A. Peeples, Circuit Court Judge
Heard December 8, 1999
AFFIRMED IN PART, REVERSED IN PART, and REMANDED.
A jury convicted James Scriven of distributing cocaine and marijuana in...
Loadholt v. South Carolina State Budget and Control Board - 2/14/2000
Appeal From Richland County L. Casey Manning, Circuit Court Judge
Heard September 9, 1999
REVERSED
This declaratory judgment action involves interpretation of a general tort liability policy issued by the Insurance...
State v. Taylor - 2/7/2000
Appeal From Beaufort County Luke N. Brown, Jr., Circuit Court Judge
Submitted December 7, 1999
AFFIRMED
The trial court convicted Daniel Lee Taylor of driving under suspension, second offense. Taylor appeals, arguing...
Pierce v. State - 1/10/2000
ON WRIT OF CERTIORARI
Appeal From Richland County Costa M. Pleicones, Trial Judge L. Henry McKellar, Post-Conviction Judge
Submitted November 17, 1999
REVERSED
George M. Pierce, II (respondent) entered a plea of...
State v. White - 11/29/1999
Appeal From York County Daniel E. Martin, Jr., Circuit Court Judge
Submitted November 2, 1999
AFFIRMED
Charlie Lee White appeals his conviction and sentence for driving under the influence, second offense. After the...
Doe v. South Carolina State Budget and Control Board - 11/22/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From York County J. Buford Grier, Special Circuit Court Judge
Heard June 8, 1999
AFFIRMED
We granted certiorari to review the Court of Appeals' decision in...
Patrick v. State Dept. of Public Safety - 10/11/1999
Summersell v. SCDPS
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge
Submitted October 5, 1999.
VACATED
PER CURIAM:
This matter is...
City of Myrtle Beach v. Juel P. Corporation - 9/20/1999
Myrtle Beach v. Juel P. Corp., and Gay Dolphin, Inc.
Appeal From Horry County J. Stanton Cross, Jr., Master in Equity
Heard September 9, 1999
AFFIRMED IN PART AND REVERSED IN PART
The City of Myrtle Beach (the...
State v. Nelson - 8/9/1999
State v. Nelson
Shearouse Adv. Sh. No. 27
Appeal From Horry County James E. Brogdon, Jr., Circuit Court Judge
Heard May 11, 1999
AFFIRMED
In this criminal matter, Eric Nelson ("Defendant") was convicted by...
State v. Taub - 6/28/1999
State v. Taub
Appeal From Cherokee County
Frank Eppes, Circuit Court Judge
Heard May 12, 1999
REVERSED and REMANDED
On June 3, 1998, Michael Lee Taub pled guilty to a first offense of trafficking in...
In re Sons - 6/1/1999
IN THE MATTER OF SONS
Shearouse Adv. Sh. No. 19 S.E. 2d
Submitted May 11, 1999
PUBLIC REPRIMAND
In this judicial disciplinary matter, respondent, a Magistrate in the Central Traffic Court for Lexington County,...
Stevenson v. State - 5/3/1999
Shearouse Adv. Sh. No.
S.E. 2d
ON WRIT OF CERTIORARI
Appeal From Spartanburg County
John C. Hayes, III, Trial Judge
Gary E. Clary, Post-Conviction Judge
Submitted February 18, 1999
AFFIRMED ...
State v. Osborne - 5/3/1999
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Pickens County Larry R. Patterson, Judge
Heard November 6, 1997
REVERSED
Respondent- Elmer Osborne was convicted in magistrate's court of driving under...
Town of Mount Pleasant v. Jones - 4/26/1999
Appeal From Charleston County Howard P. King, Circuit Court Judge
Heard January 12, 1999
REVERSED AND REMANDED
Virginia Jones was arrested and charged with driving under the influence. The municipal court dismissed...
Thompson v. South Carolina Department of Public Safety - 4/19/1999
Shearouse Adv. Sh. No. 14 S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Greenville County J. Ernest Kinard, Jr., Circuit Court Judge
Heard January 21, 1999
REVERSED
This is an action to...
State v. McCombs - 3/15/1999
State v. McCombs
Appeal From York County Joseph J. Watson, Circuit Court Judge
Heard February 9, 1999
AFFIRMED
John Lee McCombs appeals his conviction for driving under the influence on three grounds, all of...
Scott v. State - 2/16/1999
Davis Adv. Sh. No. XX S.E. 2d
ON WRIT OF CERTIORARI
Appeal From Greenville County Hubert E. Long, Trial Judge Thomas L. Hughston, Jr., Post-Conviction Judge
Submitted December 16, 1998
AFFIRMED
Petitioner...
Summersell v. South Carolina Department of Public Safety - 2/1/1999
Appeal From Charleston County A. Victor Rawl, Circuit Court Judge
Heard January 14, 1999 - Filed February 1, 1999
AFFIRMED
John Patrick Summersell was arrested for driving under the influence. He refused to submit to...
State v. Knighton - 1/4/1999
Appeal From Orangeburg County Daniel E. Martin, Sr., Judge
Heard November 5, 1998
AFFIRMED
Appellant, Benny E. Knighton, was convicted of driving under the influence, second offense. He appeals. We affirm. ...
State v. Aldret - 1/4/1999
Davis Adv. Sh. No. XX S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Georgetown County E.C. Burnett, III, Circuit Court Judge
Heard November 5, 1998 Filed January 4, 1999
AFFIRMED IN PART;...
State v. McAteer - 12/21/1998
The South Carolina Court of Appeals
ORDER
PER CURIAM
This case was originally heard by a panel of this Court, which issued an opinion affirming the Appellant's conviction. See State v. McAteer, Op. No. 2795 (S.C. Ct....
State v. Price - 12/14/1998
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Dorchester County Luke N. Brown, Jr., Circuit Court Judge
Heard October 6, 1998
AFFIRMED
FACTS
On Sept. 5, 1994, at approximately 4:00 am, Price...
Housand v. Housand - 12/14/1998
Appeal From Georgetown County Hugh E. Bonnoitt, Jr., Family Court Judge
Heard November 4, 1998
REVERSED AND REMANDED
This appeal arises from a child custody dispute between Hoyt McMillan Housand, Jr. (the Father) and...
Dial v. Niggel Associates - 11/30/1998
DIAL V. NIGGEL ASSOCIATES, INC. et al.
Davis Adv. Sh. No. XX S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Richland County Costa M. Pleicones, Judge
Heard February 17, 1998
REVERSED ...
State v. Ballen - 11/23/1998
Appeal From Greenville County Rodney A. Peeples, Circuit Court Judge
Submitted November 4, 1998
AFFIRMED
Fernando Arboleda Ballen appeals his conviction for driving under suspension. We affirm.
FACTS ...
State v. Ervin - 11/16/1998
Appeal From Greenwood County James W. Johnson, Jr., Circuit Court Judge
Heard November 4, 1998
REVERSED and REMANDED
Willie James Ervin was convicted of kidnapping and assault with intent to commit first degree...
State v. Berry - 6/29/1998
Appeal From Orangeburg County Luke N. Brown, Jr., Circuit Court Judge
Heard June 3, 1998
REVERSED and REMANDED
Kevin Berry appeals from his conviction for second-degree criminal sexual conduct. We reverse and remand...
State v. Powers - 6/8/1998
STATE v. POWERS
Davis Adv. Sh. No. 21 S.E. 2d
Appeal From Lexington County Ralph King Anderson, Jr., Judge
Heard March 17, 1998
AFFIRMED
Powers was convicted of murder, first degree burglary, and assault...
State v. Wiggins - 5/18/1998
STATE v. WIGGINS
Davis Adv. Sh. No. XX S.E. 2d
Appeal From Marlboro County Edward B. Cottingham, Judge
Heard December 2, 1998
AFFIRMED
On January 2, 1995, Appellant Willie Wiggins was indicted for the...
City of Columbia v. Ervin - 5/11/1998
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Richland County J. Ernest Kinard, Jr., Judge
Heard March 18, 1998
AFFIRMED AS MODIFIED
Petitioner James H. Ervin, III, was convicted in Respondent the...
In re Tullis - 4/27/1998
Submitted March 25, 1998
PUBLIC REPRIMAND
In this attorney disciplinary matter, respondent and disciplinary counsel have entered into an agreement under Rule 21 of the Rules for Lawyer Disciplinary Enforcement contained in...
State v. Warren - 4/13/1998
Appeal from Dorchester County Luke N. Brown, Jr., Special Circuit Court Judge
Heard September 10, 1997
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
James Barney Warren appeals his conviction for second-degree...
City of Sumter Police Department v. One 1992 Blue Mazda Truck - 3/16/1998
Appeal From Sumter County Howard P. King, Circuit Court Judge
Submitted March 3, 1998
REVERSED AND REMANDED
This is a statutory construction case involving S.C. Code Ann. § 56-5-6240 (Supp. 1997). The statute provides...
State v. McAteer - 2/17/1998
Appeal from York County Frank P. McGowan, Jr., Circuit Court Judge
AFFIRMED
Heard November 4, 1997
James L. McAteer appeals his conviction for driving under the influence, second offense. He argues his motion to...
State v. Salisbury - 2/17/1998
Appeal From Dorchester County Luke N. Brown, Jr., Circuit Court Judge
AFFIRMED
Submitted November 4, 1997
A jury convicted Elliott Gilbert Salisbury of driving under the influence (DUI). He appeals. We affirm. ...
MATTER OF CHILES - 12/29/1997
This is an attorney grievance proceeding arising out of respondent's guilty plea to a charge of official misconduct in office, a violation of S.C. Code Ann. § 8-1-80 (Supp. 1996). While a municipal judge, respondent improperly caused a...
STATE v. SIMMONS - 12/8/1997
Respondent, Maryalyce Patterson Simmons, was tried in the municipal court of the town of Mt. Pleasant for driving
FACTUAL/PROCEDURAL BACKGROUND
On July 9, 1994 Simmons was pulled over by Officer Jordan of the Mt. Pleasant...
DOE v. S.C. STATE BUDGET & CONTROL BD. - 12/8/1997
In this declaratory judgment action, Jane Doe and Mary Roe appeal the special circuit court judge's grant of summary judgment in favor of the Insurance Reserve Fund. Appellants argue the Fund has a duty to defend and indemnify the...
Doe v. S.C. State Budget and Control Board - 12/8/1997
Appeal From York County J. Buford Grier, Special Circuit Court Judge
Heard September 9, 1997
AFFIRMED
In this declaratory judgment action, Jane Doe and Mary Roe appeal the special circuit court judge's grant of...
STATE v. BROCKMAN - 11/17/1997
William T. Brockman (Brockman) appeals from his convictions for a number of drug offenses. At trial, the state introduced into evidence crack and powder cocaine which Brockman's mother and sister found when they pried open the...
STATE v. SMITH - 11/3/1997
Anthony Evett Smith appeals from his conviction for third-offense driving under the influence. We affirm.
I.
Chief Fore of the Sellers police department arrived at the scene of a single-car accident on Highway 301,...
DAVIS v. S.C. DEPT. OF PUBLIC SAFETY - 10/21/1997
The South Carolina Department of Public Safety (Department) appeals from a circuit court order which determined that the plain meaning of the phrase "term of imprisonment" as used in the felony DUI statute denotes "actual duration of...
GULLEDGE v. MCLAUGHLIN - 9/29/1997
In this lawsuit arising from an automobile accident, Robin Gulledge (Mrs. Gulledge), the personal representative of the
I. FACTS
This action arises from an automobile accident occurring at about 4:10 p.m. on September 28,...
STATE v. MULLINS - 9/2/1997
Respondent, Patrick Mullins, was arrested for felony driving under the influence (DUI) after allegedly causing a collision which killed a motorcycle driver. Respondent was taken from the scene of the accident to the hospital. A Highway...
STATE v. LIVINGSTON - 6/30/1997
Appellant was convicted of felony driving under the influence (DUI) and sentenced to twenty-five years imprisonment. We reverse.
FACTS
Appellant was driving in Beaufort County at 11:00 p.m. on July 31, 1995. He turned a...
STATE v. ROWELL - 6/30/1997
Respondent was convicted of two counts of reckless homicide and was sentenced to five years' imprisonment, suspended upon the service of three years' imprisonment and two years' probation. In State v. Rowell, 321 S.C. 114, 467 S.E.2d...
STATE v. HAMILTON - 6/16/1997
Thomas Curtis Hamilton appeals from his conviction for burglary in the first degree, asserting the trial judge erred in allowing his admission of two prior burglaries to be revealed to the jury. We affirm.
FACTS
Appellant...
STATE v. ALDRET - 4/23/1997
On appeal, Aldret claims the trial court erred (1) in failing to grant his motion for a new trial on the ground of jury misconduct because of premature deliberations by the jury, and (2) as a matter of law by failing to admonish...
CITY OF CAMDEN v. BRASSELL - 4/21/1997
The City of Camden (Camden) appeals from the circuit court's order reversing Evander M. Brassell's (Brassell) conviction in municipal court for
FACTS/PROCEDURAL BACKGROUND
Brassell was charged with
ISSUE
Is...
MATTER OF HANCOCK - 3/31/1997
In this judicial disciplinary action, respondent, a Lee County Magistrate, admits he committed acts of misconduct in violation of the Code of Judicial Conduct contained in Rule 501, SCACR. He consents to a public reprimand.
On...
STATE v. SMITH - 3/10/1997
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
We granted the State's petition for a writ of certiorari to review the Court of Appeals' decision in State v. Smith, 321 S.C. 13, 467 S.E.2d 110 (Ct. App. 1996). We reverse. ...
JONES v. CITY OF FOLLY BEACH - 2/18/1997
Jerry A. Jones (Jones) filed suit against the City of Folly Beach, its mayor and police chief (collectively referred to as Folly Beach), alleging causes of action for conspiracy, defamation and violation of the whistleblower statute....
STATE v. KIMBRELL - 2/10/1997
Respondent Elaine Kimbrell was found guilty in magistrate's court of
I.
Kimbrell was the driver of an automobile involved in a one-car accident on February 5, 1995. Trooper M.S. Weaver responded to the accident. Kimbrell...
CITY OF COLUMBIA v. ERVIN - 2/3/1997
James H. Ervin, III, appeals his conviction for
FACTS
On October 16, 1994, Officer M.E. Bartley, of the City of Columbia Police Department, arrested Ervin for driving under the influence of alcohol and for possession of...
STATE v. CASEY - 1/13/1997
I.
At the close of jury selection, Casey moved under Batson to challenge the State's exercise of all of its peremptory strikes against male venirepersons. At the hearing on Casey's motion, the court asked the solicitor to...
STATE v. KIRBY - 12/23/1996
Wayne Gary Kirby appeals his convictions for trafficking in heroin and possession of a firearm during the commission of a
We affirm.
FACTS/PROCEDURAL BACKGROUND
On March 3, 1995, Greenville police officers received a...
MCDANIEL v. SOUTH CAROLINA DEPT. - 12/23/1996
David W. McDaniel brought this declaratory judgment action against the South Carolina Department of Transportation, formerly known as the "South Carolina Department of Highways and Public Transportation" (the portion of which involved...
IN THE MATTER OF EVANS - 12/2/1996
In this attorney grievance proceeding, respondent admits that he has committed ethical violations and consents to disbarment. We accept respondent's admission and disbar him.
On January 19, 1996, respondent was involved in an...
MATTER OF MCKINNEY - 11/4/1996
In this judicial discipline action, Respondent, a Jonesville municipal judge in Union County, is charged with misconduct arising out of his issuance and disposition of arrest warrants sworn out by his daughter. The panel of hearing...
STATE v. CLUTE - 11/4/1996
Facts
On April 23, 1994, Officer Hess of the Georgetown Police Department stopped Clute's vehicle after observing Clute driving erratically. Hess testified that when he approached the vehicle, he noticed a strong odor...
CLAIR v. STATE - 11/4/1996
ON WRIT OF CERTIORARI
We granted the State's petition for a writ of certiorari to review the grant of post-conviction relief (PCR) in this case. We now affirm.
FACTS
Respondent was indicted for trafficking in cocaine...
CITY OF COLUMBIA v. WILSON - 10/14/1996
I. Facts
Wilson had four cups of beer at Autumnfest the day of the incident. He went to the festival with a female friend, who was a passenger in his vehicle. He admitted he was not paying attention as he drove down...
STATE v. PATTON - 6/10/1996
Appellant was convicted of two counts of murder and one count of second degree arson. He was sentenced to two consecutive life sentences for the murder counts and twenty years for the arson count. We affirm.
FACTS
On July 26,...
STATE v. EASLER - 5/13/1996
He was sentenced as follows: (1) Felony
Appellant appeals various rulings of the trial judge. We affirm.
ISSUES
Appellant posits five issues on appeal:
1. The trial court erred in denying Appellant's...
DIAL v. NIGGEL ASSOCIATES - 3/18/1996
ORDER GRANTING PETITION FOR REHEARING
Michelle Dial, as personal representative of the estate of John Mark Dial, brought this negligence action against Niggel Associates, Inc. (Niggel) and Freddie B. George. The jury rendered...
STATE v. SMITH - 2/20/1996
Mack Arthur Smith appeals his conviction for
At trial, Smith moved to quash the jury panel on the ground that Trooper D.A. Kelley, the officer who was prosecuting the case, struck prospective jurors in violation of Batson v....
STATE v. OSBORNE - 2/20/1996
Elmer Osborne was convicted in magistrate's court of driving under the influence (DUI). He appealed, and the circuit court reversed, finding the State obtained the conviction solely on Osborne's confession without corroboration by...
STATE v. HARRY - 2/5/1996
I. FACTS
Firefighters received a call concerning a burning home on July 19, 1992, at 1:00 a.m. When they arrived at the scene, flames had engulfed the front of the house. The firemen immediately disconnected the power meter...
STATE v. TISDALE - 2/5/1996
James David Tisdale pled guilty to driving under the influence (DUI), third offense. The State appeals the trial court's suspension of part of Tisdale's sentence. We reverse and remand.
At the sentencing hearing, Tisdale's counsel...
STATE v. TOWNSEND - 1/22/1996
A magistrate's court jury convicted Melvin Townsend of driving under the influence, first offense. Townsend appealed to the circuit court, which reversed and remanded for a new trial. The state appeals. We reverse the circuit court and...
STATE v. SMITH - 1/8/1996
Charlie S. Smith appeals his conviction for driving under the influence (DUI). We reverse based upon the chain of custody of the blood sample introduced into evidence.
I.
Smith argues the trial judge erred in admitting...
UNITED STATES FIRE INSURANCE CO. v. MACLOSKIE - 11/27/1995
United States Fire Insurance Company (United) filed this declaratory judgment action, which arose out of a tragic one-car accident which killed both occupants. The passenger's estate filed a wrongful death claim against both the...
IN THE MATTER OF RING - 11/15/1995
In this attorney grievance matter, the Executive Committee recommended that respondent be disbarred from the practice of law. We agree with the findings of misconduct and disbar respondent from the practice of law.
Respondent's...
STATE v. ESTRIDGE - 10/30/1995
On December 31, 1992, Carl C. Estridge, pursuant to Act No. 310, 1992 S.C. Acts 1904, agreed in writing to the transfer from the circuit court to the magistrate's court of a case in which he was charged with second offense driving...
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