Miranda Warning refers to the constitutional requirement that once an individual is detained by the police, there are certain
warnings a police officer is required to give to a detainee. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona where the Court held a defendant cannot
be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and to have the attorney
present during questioning, and the right to have an attorney appointed if indigent.
These warnings stem from the 5th Amendment privilege against self-incrimination and the 6th Amendment right to counsel. Without a Miranda Warning or a valid waiver of the Miranda rights, statements made may be inadmissible at trial under the exclusionary rule which prevents a party from using evidence at trial which had been gathered in violation of the United States Constitution.
This means a defendant has the right NOT to answer questions from police and may request to speak with a criminal defense attorney.If you have been arrested or if you are under investigation for criminal activity it is important to speak with a criminal defense attorney before speaking with the police. If you are questioned by police it is important to exercise your right to remain silent and then contact a criminal defense attorney to discuss your legal matter.
For answers to the proceeding questions and to address the specific facts of your case contact Pickens DUI Defense Attorney Travis
Newton for a free consultation at (864) 965-9148.
Travis Newton Law Firm has defended thousands of clients in South Carolina Summary and General
Sessions Courts. Travis Newton has presented oral arguments before the South Carolina Court of Appeals and is an approved Continuing Legal Education (CLE) instructor. Attorney Newton is Lead Counsel
Rated by Thomson Reuters with an Avvo Rating of Ten in the legal practice areas of Criminal Defense, Driving Under the Influence, and Personal Injury. Travis Newton is a founding member and State
Ambassador for the American Association of Premier DUI Attorneys.
SCDL Suspended for Refusing Breathalyzer: Implied Consent-- Pickens DUI Defense Attorney
One of the most confusing consequences of a South Carolina arrest for driving under the influence is the
fact that many times the accused motorist will incur an immediate suspension of his or her South Carolina Drivers License (SCDL). So why does this happen and what can be
done? When a South Carolina motorist refuses to submit to a chemical test an immediate driver's license suspension will be issued from the
A suspension will also be issued if a South Carolina motorist chooses to submit to a chemical test but
registers an alcohol concentration of .15 or higher. Obviously, this creates a hardship for the suspended motorist and time is of the essence.
There are several paths in managing a suspension for refusing to submit to a chemical test or for
registering an alcohol concentration of .15 or higher (implied consent violation). For purposes of this article, I will limit the discussion to the most effective and expeditious way to
mitigate the hardship of the sudden loss of driving privileges stemming from an implied consent violation. First, there is not an automatic court date for challenging a suspension
for an implied consent violation. The court date on the traffic ticket is the initial court appearance for the DUI arrest in a South Carolina criminal court but not a venue to challenge an implied
Refusing to submit to a chemical test in South Carolina is not a crime. For this reason, the suspended motorist
must look outside the criminal court to challenge an implied consent violation. The challenge must be filed within 30
days of the arrest for driving under the influence. There are no exceptions to the 30-day filing deadline. So what happens after the challenge is filed and how does it benefit the accused
First, in most cases, the motorist will become eligible for a Temporary Alcohol License (TAL). The TAL will restore the motorists'
driving privileges (to pre-DUI arrest status) on a temporary basis thus pausing the suspension. With the TAL comes a court date for a contested case hearing in the South Carolina Administrative Law
Court. It is important to note that the contested case hearing may be held at a different venue than the DUI as these hearings are held regionally.
This is not a criminal proceeding so there is no jury present. The decision-maker in a contested case hearing for
an implied consent violation is an SCDMV hearing officer. If the hearing officer overturns the SCDL suspension, the motorist’s driving privileges will be restored to the same status as before the DUI
arrest. If the hearing officer upholds the SCDL suspension the motorist will be required to start and complete The Alcohol Drug Safety Action Program also known as ADSAP and the suspension will
Travis Newton Law Firm has defended thousands of clients in South Carolina Summary and General Sessions Courts
and has presented oral arguments before the South Carolina Court of Appeals. Travis is Lead Counsel Rated by Thomson Reuters for DUI Defense with an Avvo Rating of Ten in the legal practice
areas of Criminal Defense and Driving Under the Influence. Travis Newton is a South Carolina State Ambassador for and founding member of the American Association of Premier DUI Attorneys