Posted: 12/28/2014 5:38:15 PM EDT
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My sheriff (Berkeley County).
5:50 AM on Sunday morning. There's a whole lot of Whiskey Tango Foxtrot happening in this. What the heck was he doing, DUI at that time? Seems like he should have been sleeping it off. 
Too bad; he's held that office since 1994. |
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was listening to the news last night.....did I hear this correct, that it may get tossed out because the CORONER is the only person that can arrest a sheriff?  That is being misused in this case. That refers to the service of a warrant on the sheriff. Not a crime in progress (DUI) which was comitted in the presence of law enforcement. |
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We will get case law out of this. Quoted:
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was listening to the news last night.....did I hear this correct, that it may get tossed out because the CORONER is the only person that can arrest a sheriff? We will get case law out of this. And for the record, he will probably walk. Our DUI law is a joke. The only people who get convicted are either too honest or too poor to lawyer up. |
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Quoted: And for the record, he will probably walk. Our DUI law is a joke. The only people who get convicted are either too honest or too poor to lawyer up. Quoted: Quoted: Quoted: was listening to the news last night.....did I hear this correct, that it may get tossed out because the CORONER is the only person that can arrest a sheriff? We will get case law out of this. And for the record, he will probably walk. Our DUI law is a joke. The only people who get convicted are either too honest or too poor to lawyer up. |
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Technically, he could be driving the next day. Besides, I'm sure he has some lackey that can drive him around. Quoted:
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Well his DL is suspended for 6 months which might make it hard to do police work, though I'm sure there will be an Admin hearing right away. Technically, he could be driving the next day. Besides, I'm sure he has some lackey that can drive him around. This. I dont know where people six months from. |
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This. I dont know where people six months from. Quoted:
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Well his DL is suspended for 6 months which might make it hard to do police work, though I'm sure there will be an Admin hearing right away. Technically, he could be driving the next day. Besides, I'm sure he has some lackey that can drive him around. This. I dont know where people six months from. Because if he doesnt request or win his admin hearing its a mandatory 6 month suspension for not blowing... but anyone who knows someone who has gotten a dui knows that if you show up to the admin hearing they will give you a license... |
| Never heard of the six months. Ive heard of the restricted (work and school) or getting the regular license back. All usually with in a month. But like people said. Even if someone can take his license. Hes got plenty of minions to drive him where ever. Hell even better he could place himself on paid administrative leave. |
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Never heard of the six months. Ive heard of the restricted (work and school) or getting the regular license back. All usually with in a month. But like people said. Even if someone can take his license. Hes got plenty of minions to drive him where ever. Hell even better he could place himself on paid administrative leave. If you refuse to blow or blow over a certain level (.15 maybe? Dunno why but that number stands out for some reason) the officer actual takes your physical license and fills out a suspension form to be turned in on the spot. You are suspended effective immediately and remain that way for 6 months unless you win an administrative hearing prior to your court da (this is where you get yourroute restricted license) |
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If you refuse to blow or blow over a certain level (.15 maybe? Dunno why but that number stands out for some reason) the officer actual takes your physical license and fills out a suspension form to be turned in on the spot. You are suspended effective immediately and remain that way for 6 months unless you win an administrative hearing prior to your court da (this is where you get yourroute restricted license) Quoted:
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Never heard of the six months. Ive heard of the restricted (work and school) or getting the regular license back. All usually with in a month. But like people said. Even if someone can take his license. Hes got plenty of minions to drive him where ever. Hell even better he could place himself on paid administrative leave. If you refuse to blow or blow over a certain level (.15 maybe? Dunno why but that number stands out for some reason) the officer actual takes your physical license and fills out a suspension form to be turned in on the spot. You are suspended effective immediately and remain that way for 6 months unless you win an administrative hearing prior to your court da (this is where you get yourroute restricted license) I think that all you have to do is request an administrative hearing and enroll in ADSAP. |
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I think that all you have to do is request an administrative hearing and enroll in ADSAP. Quoted:
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Never heard of the six months. Ive heard of the restricted (work and school) or getting the regular license back. All usually with in a month. But like people said. Even if someone can take his license. Hes got plenty of minions to drive him where ever. Hell even better he could place himself on paid administrative leave. If you refuse to blow or blow over a certain level (.15 maybe? Dunno why but that number stands out for some reason) the officer actual takes your physical license and fills out a suspension form to be turned in on the spot. You are suspended effective immediately and remain that way for 6 months unless you win an administrative hearing prior to your court da (this is where you get yourroute restricted license) I think that all you have to do is request an administrative hearing and enroll in ADSAP. Nope, I know for a fact you can lose the hearing... in theory. But your post is GENERALLY exactly what will happen |
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Nope, I know for a fact you can lose the hearing... in theory. But your post is GENERALLY exactly what will happen You are correct that a person can lose the admin hearing. A person can get a Temporary Alcohol Restricted license by simply requesting a hearing. That license is good until the hearing. If the suspension is upheld at the hearing, then they can get a route restricted license for work. It's a joke. It's a scam. As long as drunks pay the DMV and/or a lawyer, they can essentially keep driving uninterrupted. |
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You are correct that a person can lose the admin hearing. A person can get a Temporary Alcohol Restricted license by simply requesting a hearing. That license is good until the hearing. If the suspension is upheld at the hearing, then they can get a route restricted license for work. It's a joke. It's a scam. As long as drunks pay the DMV and/or a lawyer, they can essentially keep driving uninterrupted. Quoted:
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Nope, I know for a fact you can lose the hearing... in theory. But your post is GENERALLY exactly what will happen You are correct that a person can lose the admin hearing. A person can get a Temporary Alcohol Restricted license by simply requesting a hearing. That license is good until the hearing. If the suspension is upheld at the hearing, then they can get a route restricted license for work. It's a joke. It's a scam. As long as drunks pay the DMV and/or a lawyer, they can essentially keep driving uninterrupted. Im picking up what you are putting down, I thought you were saying was you just request the hearing and drive on. They may as well |
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Already been done befo'... unfortunately you can get a DUI on either in this state so he is still SOL lol Quoted:
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Blue lights for moped or segway? Already been done befo'... unfortunately you can get a DUI on either in this state so he is still SOL lol No DUI on a moped or Segway since they are not classified as motor vehicles. 
1. Driving 2. A motor vehicle. 3. In this state. 4. While materialy and appreciably impaired. Sounds so simple but in reality murder probably has a higher conviction rate. |
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No DUI on a moped or Segway since they are not classified as motor vehicles.
1. Driving 2. A motor vehicle. 3. In this state. 4. While materialy and appreciably impaired. Sounds so simple but in reality murder probably has a higher conviction rate. Quoted:
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Blue lights for moped or segway? Already been done befo'... unfortunately you can get a DUI on either in this state so he is still SOL lol No DUI on a moped or Segway since they are not classified as motor vehicles.
1. Driving 2. A motor vehicle. 3. In this state. 4. While materialy and appreciably impaired. Sounds so simple but in reality murder probably has a higher conviction rate. Im almost positive mopeds have been re-classified as motor vehicles in SC. If it hasnt happened already its in the works. I remember reading about it. But DUIs definately arent my specialty |
| Mopeds over 50cc's are motorcycles. From what im told you can have a model for six months aka license suspension time. Then after six months you need a moped license. Supposedly its orange and looks like a library card. The 50cc part is true. The moped license a nchas officer told me not sure if its true: |
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With all of the new models of scooters the line between scooter/moped is vague. Some have identical models with different cc engines. It's impossible to tell them apart by just looking.
If you are under suspension you don't need a license. If you aren't under suspension, you have to have one.
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The DMV manual for mopeds, if interested:
http://www.scdmvonline.com/DMVNew/forms/mopeds.pdf |
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Not that it's important, but my recollection is for a suspension period less than six months no moped license is needed. A suspension period meted out greater than six months and one must be secured for operation. This is true. And I also spoke to someone more knowledgable than myself tonight who told me that the DUI statute now includes mopeds however they are still not classified as a motor vehicle... so technically you both can... and cant get a dui on a moped. Which is apparently why its so hard to convict |
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Looking at the push to more tightly regulate mopeds in SC, it appears the news articles generally discuss these three loopholes:
Loophole #1: SC doesn't require them to be registered or insured. All you need is drivers license, MC license, or moped operator license. Loophole #2: A person whose driver’s license has been suspended for six months or less is not required to obtain a moped operator’s license or possess a valid driver’s license during the period of suspension when operating a moped. Loophole #3: A person is eligible for a moped operator’s license without regard to his eligibility for or the status of any other driver’s license or permit. Language in the above taken from the DMV manual link posted earlier. ETA: "The Department may suspend, revoke, or cancel a moped operator’s license only for violations committed while operating a moped. A moped operator’s license may be suspended, revoked or cancelled in the same manner and upon the same grounds for which any other motor vehicle operator’s license or permit may be suspended, revoked or cancelled." |