MADD SC releases Court Monitoring Report entitled “A Lack of Conviction”

MADD South Carolina has released a report titled “A Lack of Conviction” stemming from its court monitoring efforts in the 5th and 13th Judicial Circuits, providing specific data on the outcome of DUI cases in certain courts and highlighting several problematic issues involved with enforcing and prosecuting DUIs in South Carolina. MADD’s data comes from cases stemming from misdemeanor DUI arrests from January 2016 to May 2017 in Richland, Kershaw, Greenville, and Pickens counties. Cases were monitored by staff and sometimes volunteers in the courtroom or online. The 5th Judicial Circuit and 13th Judicial Circuit showed very different approaches to DUI prosecution in regard to whether solicitors are assigned to cases as prosecutors or officers prosecute their own cases. All of the cases monitored for the 13th Circuit were prosecuted by an attorney with the Solicitor’s Office, whereas all or most of the cases monitored for the 5th Circuit were prosecuted by the arresting officer. Other states do not allow DUI cases to be prosecuted by officers. MADD’s data for Greenville County showed 42% of the 597 cases monitored with a final determination ended with the accused being found guilty of DUI or an equivalent charge. Another 47% were pled down to a lesser charge, usually reckless driving. For Richland County, 48% of the 160 cases ended with a conviction, and another 48% were pled down. For Kershaw County, 46% of the 195 cases ended with a conviction, and another 51% were pled down. For Pickens County, the conviction rate was only 36%, but it was based on only 28 total cases. In summary, none of the four counties had a conviction rate over 50%. MADD’s national court monitoring report shows a combined conviction rate of 61% among 13 participating states. “The thought that there are communities where more than half of those arrested for DUI are only ending up with reckless driving charges shouldn’t make us feel safe,” said Steven Burritt, state director of MADD South Carolina. “We can do better. We have to show the conviction to make the changes that will save lives in South Carolina.” South Carolina makes the arrest investigation and prosecution of DUI cases far too difficult, which leads to the high rate of pleas to lesser charges. Summary court judges are dealing with a very lengthy and complex set of DUI laws, yet they have an opportunity to greatly influence future conviction rates through taking DUI cases very seriously, ensuring they are heard in a timely manner, and receiving as much training as possible on DUI laws. The report also highlights that 40% of those arrested for DUI are “refusing to blow” when offered the state’s official breath test to gauge alcohol content. This is in part because the penalty of losing your license for six-months for refusing is negated by the availability of a Temporary Alcohol License. “We heard so much frustration about this toothless refusal law,” said Burritt. “An important first step would be having those with these temporary licenses to have to use an ignition interlock device. We are not against people driving, we are just against people driving drunk. These devices would ensure we’re all protected from their bad decisions.” MADD is also raising concerns over the practice of officers prosecuting their own cases because it is not the focus of their training, and the public has the expectation that officers are out enforcing laws rather than preparing for and prosecuting in court. They are often facing experienced DUI defense attorneys, which is a mismatch in terms of legal skills. In these situations, officers were getting convictions in only one out of every four cases. MADD South Carolina makes the following recommendations to improve the DUI prosecution and enforcement situation in South Carolina and to enhance safety in our communities should be considered immediately. Call on summary court judges to take part in as much training as possible regarding our complex DUI laws and acknowledge the important role they have in our unacceptable conviction rates. Call on judges to recognize the impact of case delays on the likelihood of a conviction and see to it that DUI cases are heard in a timely manner and continuance motions are not abused as a tactic to get a reduced conviction. Strengthen penalties for refusing to submit a breath or blood sample after a DUI arrest, first by tying the Temporary Alcohol Licenses that those who refuse can apply for into the Ignition Interlock Device Program. Move toward minimizing officers prosecuting their own cases in court. Encourage more aggressive prosecution of DUI cases so that more are held accountable with the appropriate penalties and not pled down to reckless driving charges that do not keep the public as safe from repeat offenses. Amend the state’s dash cam video recording statute so that the other evidence in a DUI arrest can be used even when there is a problem with the video. Strengthen Emma’s Law so that all convicted DUI offenders are put on the Ignition Interlock Device Program, the most effective available approach to reducing repeat offenses. The full report is available at www.madd.org/sc. Founded in 1980 by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving® (MADD) is the nation’s largest nonprofit working to end drunk driving, help fight drugged driving, support the victims of these violent crimes and prevent underage drinking.