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DUI in SC – What Does “Drive” Mean?

You can be found guilty of DUI in SC if the state proves that you were driving while under the influence “to the extent that [your] faculties to drive a motor vehicle [were] materially and appreciably impaired.” It seems basic, but, to be convicted of DUI in SC, you must have been driving the vehicle. [..]

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How Do Cops Test Drugs?

How do cops test drugs? Imagine you are pulled over for speeding and, as you are talking to the police officer, he says “what’s that,” as he points to a crumb of soap on your floorboard. The officer asks you to step out of the car, mumbling something about backup into his radio as you [..]

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Can Cops Tell the Difference Between Hemp and Marijuana?

Can cops tell the difference between hemp and marijuana? In most cases, the answer is no – hemp looks like marijuana, smells like marijuana, and no field test allows them to determine the THC content. The difference between the two is that industrial hemp cannot contain more than .3% THC – nowhere near enough THC [..]

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Why South Carolina’s Forfeiture Statutes are Unconstitutional

South Carolina’s forfeiture statutes are unconstitutional and need to be reformed. For too long, police have abused the forfeiture process, enriching their departments at the expense of citizens who, in some cases, have not even committed a crime. Forfeiture funds have become a source of recurring expenses for law enforcement agencies, supplementing their budgets and [..]

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Why We Need Grand Jury Reform in SC

SC needs grand jury reform now. The grand jury system, devised hundreds of years ago, was designed and intended to allow ordinary people to decide whether a person should be charged with a crime. The grand jury was to serve as the gatekeepers, ensuring that the government did not arrest and prosecute persons when there [..]

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When Does a DUI Suspend Your License in SC?

Possibly one of the more difficult consequences of a DUI arrest or conviction is a suspended driver’s license. When does a DUI suspend your license in SC? Does the arrest result in a suspension, or is your license suspended only if you are convicted of DUI? A DUI arrest does not always result in a suspended license, but it [..]

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