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Prosecutor in South Carolina charged with third DUI

Sources report that Lexington County prosecutor Donnie Myers is scheduled for a motions hearing for June 14 concerning the evidence in his most recent drunk driving case. Myers, who has served as the prosecutor for the county for 40 years, is retiring, and in a coincidence, voters go to the polls to elect his successor on the same day as the hearing.

Myers was charged with drunk driving on Feb. 22 after troopers with the South Carolina Highway Patrol investigated an accident involving his car. It had reportedly left the road and struck a utility pole close to his house. Myers was not in the vehicle when investigators arrived.

Police found a gun that was loaded inside of his vehicle. After finding him, law enforcement officers transported Myers to the Richland County Jail. Troopers reported that his blood alcohol concentration was .09 percent, higher than the legal limit. He was charged with drunk driving, the third such charge since 2005. Myers said he wants to go to trial, but a date has not been set.

People from all backgrounds may end up getting charged with drunk driving. The problem becomes worse when a person is a repeat offender, as the penalties increase. However, a criminal defense attorney can often employ some of the same strategies that would be used if it was a first offense. These could include questioning whether there was probable cause for authorities to make the traffic stop that led to the arrest. A challenge could also be made to how the field sobriety tests were conducted or to the calibration of the Breathalyzer.

Source: The State, "Upstate judge to oversee DUI trial for Myers," Tim Flach, May 5, 2016.

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