Senator Scott's DUI dismissed
Senator Randy Scott's DUI was dismissed today, because the video was missing portions of the audio and no affidavit was submitted by the deputy.
S.C. Code ยง 56-5-2953 mandates videotaping of the incident site, but provides for some exceptions. If one of the exceptions applies, the officer must submit an affidavit explaining why videotaping was not possible. Because this is mandatory, if the officer does not comply the case can be dismissed, pursuant to City of Rock Hill v. Suchenski, a 2007 South Carolina Supreme Court case.
Senator Scott has claimed from the beginning that his arrest and prosecution were politically motivated, a product of a long standing feud with Dorchester County Sheriff Ray Nash. Nash has denied any political motivation.
Despite Nash's lack of political motivation for this prosecution, Sheriff Nash persuaded 7th Circuit Solicitor Trey Gowdy and 7th Circuit Deputy Solicitor Barry Barnette to travel 200 miles, from Spartanburg, S.C. to Dorchester County, to prosecute Senator Scott. Gowdy and Barnette are reputed to be the best DUI prosecutors in the state, and Gowdy has been "campaigning" for tougher DUI laws for years. 16 phone calls were made before Scott was pulled over by the deputies. The County Sheriff was sitting at the prosecution table as Scott's trial began. Nothing political about this prosecution.
The Spartanburg prosecutors will likely file a motion to reconsider today's ruling, followed by an appeal. If the appellate court overrules the magistrate's decision, the trial may still go forward.
