Lee County Court Process

Lee County DUI Court Process: A Guide for Your Case

Facing a DUI charge in Lee County, South Carolina can be overwhelming. This guide provides a step-by-step overview of the Lee County court process, offering practical information to help you navigate the legal system. Remember, this guide is for informational purposes only and does not constitute legal advice. You should consult with an experienced Lee County DUI attorney to discuss the specifics of your case.

Your DUI Case in Lee County Court

The court process for a DUI (Driving Under the Influence) in Lee County, SC, involves several stages, from your initial arrest to a potential trial. Understanding these stages is crucial for making informed decisions and protecting your rights. This guide will walk you through each step, explaining what to expect and offering insights into potential outcomes. Navigating the legal system alone can be daunting. Seeking legal representation from a qualified DUI attorney in Lee County is highly recommended to ensure the best possible defense.

Which Court Handles DUI Cases?

DUI cases in Lee County, South Carolina, are typically handled in the Lee County Summary Court. This court handles misdemeanor offenses, including first and second DUI offenses.

• Court: Lee County Summary Court
• Location: The exact address of the Lee County Summary Court may vary depending on the specific magistrate or judge handling the case. It's crucial to check your court summons or contact the Lee County Clerk of Court for the correct location.
• Hours: Court hours vary. Contact the Lee County Clerk of Court for current operating hours and specific session times.
• Finding Your Court Date: Your court date will be listed on the paperwork you received at the time of your arrest, usually the traffic ticket or release paperwork. If you've misplaced this documentation, you can contact the Lee County Clerk of Court to inquire about your court date. Be prepared to provide your name, date of birth, and potentially your driver's license number.

The Court Process Timeline

The following timeline outlines the typical stages of a DUI case in Lee County. Keep in mind that the specific timeline can vary depending on the complexity of your case and the court's schedule.

1. Arraignment (First Appearance)

• When it happens: The arraignment is usually scheduled within a few weeks of your arrest. The exact date will be on your court paperwork.
• What to expect: At the arraignment, you will be formally informed of the charges against you, including the specific DUI statute you're accused of violating. The judge will also advise you of your rights, including your right to an attorney and your right to remain silent.
• Entering a plea: You'll be asked to enter a plea of "guilty," "not guilty," or "no contest." Entering a plea of "not guilty" is generally recommended at this stage, as it allows you time to review the evidence against you and explore your legal options. A "no contest" plea is similar to a guilty plea but cannot be used against you in a civil lawsuit.
• Getting a court-appointed attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. You will need to complete an application demonstrating your financial need. The court will then determine if you qualify for a public defender.

2. Pre-Trial Hearings

• Discovery process: This is a crucial phase where your attorney will gather information about your case. This involves obtaining police reports, breathalyzer or blood test results, witness statements, and any video footage related to your arrest.
• Plea negotiations: Your attorney will engage in plea negotiations with the prosecutor. The goal is to reach a plea agreement that is favorable to you. This might involve pleading guilty to a lesser charge, such as reckless driving, or receiving a reduced sentence.
• Typical plea deals in Lee County: The specifics of plea deals can vary, but common options include reduced charges, alternative sentencing options like community service, or enrollment in DUI treatment programs in exchange for a lighter sentence. The availability of plea deals depends on the facts of your case, your prior criminal record, and the prosecutor's willingness to negotiate.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to a trial by jury, where a panel of your peers decides your guilt or innocence. Alternatively, you can choose a bench trial, where the judge alone makes the decision.
• What the prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving a vehicle while under the influence of alcohol or drugs, and that your blood alcohol content (BAC) was 0.08% or higher, or that you were materially and appreciably impaired.
• Common defenses: Common defenses in DUI cases include challenging the accuracy of the breathalyzer or blood test, questioning the legality of the traffic stop, arguing that you were not impaired, or demonstrating that there were procedural errors in the arrest process.
• Typical trial length: The length of a DUI trial can vary depending on the complexity of the case, but it typically lasts one to three days.

Penalties for DUI in Lee County, SC

The penalties for DUI in Lee County, SC, are determined by state law and can vary depending on the number of prior offenses.

First Offense

• Jail time: 0 days to 30 days.
• Fines: $400 to $1,000 plus court costs and assessments.
• License suspension: 6 months.
• Other requirements: Alcohol and Drug Safety Action Program (ADSAP), potentially community service, and potentially the Ignition Interlock Device (IID).

Second Offense

• Jail time: 5 days to 1 year.
• Fines: $2,100 to $5,100 plus court costs and assessments.
• License suspension: 1 year.
• Other requirements: ADSAP, potentially community service, and potentially the Ignition Interlock Device (IID).

Third Offense

A third DUI offense in South Carolina is considered a felony.

• Jail time: 60 days to 3 years.
• Fines: $3,800 to $7,500 plus court costs and assessments.
• License suspension: Permanent.
• Other requirements: ADSAP, potentially community service, and potentially the Ignition Interlock Device (IID). Reinstatement of driving privileges after a permanent revocation is possible only after a minimum of five years and with the approval of the court.

Court Programs in Lee County

• Diversion programs: While specific diversion programs focused solely on DUI offenses may be limited, alternative sentencing options like community service or participation in alcohol education programs are often available, especially for first-time offenders.
• Drug court: Lee County may participate in regional drug court programs that serve multiple counties. These programs provide intensive supervision and treatment for individuals with substance abuse issues.
• DUI court: Currently, there is no dedicated DUI court in Lee County.
• Community service opportunities: Community service is often an option as part of a plea agreement or sentence. Opportunities may be available through local non-profit organizations or government agencies.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court summons: The official document notifying you of your court date and time.
• Any documentation: Any documents related to your case, such as police reports, insurance information, or character references.
• Professional dress code: Dress professionally and respectfully. Avoid wearing casual clothing like t-shirts, shorts, or flip-flops. Business casual attire is generally appropriate.

Local Court Procedures

While every effort has been made to provide accurate information, Lee County-specific court procedures can change. Contacting the Lee County Clerk of Court is the best way to confirm the most up-to-date procedures and any specific requirements for your case. Due to the rural nature of Lee County, the court may follow specific protocols for scheduling and communication. It is beneficial to contact the court clerk well in advance of any deadlines to ensure compliance.

Disclaimer: This guide provides general information about the DUI court process in Lee County, SC. It is not a substitute for legal advice from a qualified attorney. Consult with a Lee County DUI lawyer to discuss the specific facts of your case and receive personalized legal guidance.