COLUMBIA, SC, (WBTW) – Last year the National Highway Safety Committee rated South Carolina number one in the nation for DUI related deaths.
Both police and prosecutors say they believe that’s because of a loophole in the state’s DUI laws.
It’s called “the camera loophole”, and police say it’s letting impaired drivers off scot-free.
Horry County Assistant Solicitor Manuela Clayton says she’s seen several cases in Horry County where one flaw in the video means the whole case is dismissed.
“It’s just kind of that open ended and vague so we have to turn to the case law, and the only case law that we have out there was that if it’s not a complete video, it gets dismissed,” said Clayton.
Clayton showed News13 video of an Horry County officer giving a field sobriety test to a man who ran off the side of the road.
The man can’t walk in a straight line, and according to the officer, he fails the eye test, but because you can’t clearly see his face, Clayton says the video likely wouldn’t hold up in court.
“For a case to get thrown out entirely because of that, it really hurts us. You don’t want those people out on the road because of a technicality,” said Clayton.
At the South Carolina Criminal Justice Academy, instructors say there’s a strong emphasis on DUI arrests because the state is among the highest in DUI related deaths in the nation.
But, no matter how much time the officer spends making the arrest, the instructor says they can’t help what happens in the courtroom.
Instructor Michael Brantley says there are several things that could prevent an officer from being able to catch all parts of the test on the dash cam including the impaired driver taking too many steps and not being able to fully follow directions.
“The further away I go, the harder it is to see that image. So, just as important as it is to be at the right distance, away, it’s important to not be too far away,” said Brantley.
Steven Burritt works with families who’ve lost loved ones in DUI related accidents through Mothers Against Drunk Driving and says he’s seen many cases where one flaw in the video means no justice for the family.
“Unfortunately, I’m waiting for in the worst way another situation or the next clear situation where it’s a terrible crash and then no justice is there because of something silly like a foot being out of frame or a glare or a shadow. These kinds of minor things should not be the difference between someone getting off on a DUI,” said Burritt.
Clayton says it goes back to a case in 2007, The City of Rock Hill v. Suchenski, where the supreme court dismissed a DUI charge after an officer failed to provide a complete videotape.
“If the statute doesn’t change, unfortunately it’s going to be the same thing. I mean it’s not going to stop police officers from going out there and doing their jobs and arresting somebody, but now whether they’re convicted or not, that’s all going to depend on the statute and whether it stays the same or whether it changes. We definitely need to change,” said Clayton.
Last year, more than 100 lawmakers, advocates, and law enforcement officers filled the statehouse to ask lawmakers to dismiss portions of the video that are flawed, instead of the entire case.
A bill was introduced in the House that would make that happen, and another similar in the Senate, but neither of them moved after one month.
Now, police say they’ll keep making the arrests, but whether or not the driver stays off the road will be in the hands of South Carolina lawmakers.
The Mothers Against Drunk Driving organization says the camera loophole is one they’ve been watching carefully.
They’ve now set up court monitoring in two of the most fatal DUI crash areas, Greenville County, and Richland County so they will have a representative present at every DUI hearing.
Horry County is next on the list, and organizers say they’re working to bring the court monitoring program there soon.
