Kershaw County Court Process

Kershaw County DUI Court Process

(dui.guide)

Were you recently arrested for DUI in Kershaw County, South Carolina? Navigating the legal system can be overwhelming, especially when facing a DUI charge. This guide provides a clear and concise overview of the Kershaw County DUI court process, helping you understand what to expect at each stage and empowering you to make informed decisions. We'll cover everything from your initial arraignment to potential penalties and available court programs. Remember to consult with a qualified Kershaw County DUI attorney to discuss the specifics of your case.

Your DUI Case in Kershaw County Court

A DUI arrest in Kershaw County initiates a legal process with several key stages. Understanding this process is vital to protecting your rights and ensuring the best possible outcome for your case. This guide will walk you through each step, from your first court appearance to potential plea deals and, if necessary, a trial. We will also cover potential penalties and available programs within the Kershaw County court system.

Which Court Handles DUI Cases?

In Kershaw County, DUI cases are typically heard in the Kershaw County Summary Court. This court handles misdemeanor traffic violations, including Driving Under the Influence.

• Kershaw County Summary Court Information: The Kershaw County Summary Court is responsible for handling misdemeanor criminal cases, including DUI.
• Court Location(s) and Hours: We are working to obtain the exact location and operating hours for the Kershaw County Summary Court. Please check back for updates. In the meantime, you can often find this information on the Kershaw County government website or by contacting the Kershaw County Clerk of Court.
• How to Find Your Court Date: Your court summons, issued at the time of your arrest, should clearly state your court date, time, and location. If you have misplaced your summons, contact the Kershaw County Clerk of Court immediately to obtain this information. You will need to provide your name and potentially your date of birth or arrest date.

The Court Process Timeline

The following timeline outlines the typical steps involved in a DUI case in Kershaw County. Keep in mind that the specific details and duration of each stage can vary depending on the individual circumstances of your case.

1. Arraignment (First Appearance)

• When it Happens: The arraignment is your first court appearance after a DUI arrest. It usually occurs within a few weeks of your arrest, but this can vary depending on the court's schedule.
• What to Expect: At the arraignment, the judge will inform you of the charges against you and your constitutional rights. You will be asked to enter a plea of guilty, not guilty, or no contest. It's crucial to consult with an attorney before entering any plea.
• Entering a Plea:
• Guilty: Admitting to the charges. This will result in sentencing based on South Carolina DUI laws.
• Not Guilty: Denying the charges and requiring the prosecution to prove your guilt beyond a reasonable doubt. This will lead to pre-trial hearings and potentially a trial.
• No Contest (Nolo Contendere): Not admitting guilt, but acknowledging that the prosecution has sufficient evidence to convict you. This plea is treated similarly to a guilty plea for sentencing purposes.
• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine your eligibility. Be prepared to provide documentation of your income and expenses.

2. Pre-Trial Hearings

• Discovery Process: This is a crucial phase where your attorney gathers information about the prosecution's case. This includes police reports, breathalyzer or blood test results, witness statements, and any other evidence the state intends to use against you. Your attorney will use this information to build your defense.
• Plea Negotiations: During pre-trial hearings, your attorney may engage in negotiations with the prosecutor to potentially reach a plea agreement. This could involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Typical Plea Deals in Kershaw County: While specific plea deals vary based on the facts of each case, common outcomes include pleading guilty to a reckless driving charge (often referred to as "wet reckless"), which carries less severe penalties than a DUI. Factors influencing plea negotiations include your BAC level, prior criminal record, and the circumstances surrounding the arrest.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to choose between a jury trial (where a panel of citizens decides your guilt or innocence) and a bench trial (where the judge makes the decision). Your attorney can advise you on which option is best for your case.
• What Prosecution Must Prove: In a DUI trial, 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.
• Common Defenses: Common DUI defenses include challenging the accuracy of the breathalyzer or blood test, arguing that the police lacked probable cause for the traffic stop, or questioning the validity of the field sobriety tests.
• Typical Trial Length: DUI trials in Kershaw County can typically last from one to three days, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Kershaw County, SC

South Carolina DUI penalties are determined by the number of prior offenses and the individual's BAC level.

First Offense

• Jail Time: 0 days to 30 days (depending on BAC level)
• Fines: $400 to $1,000 (depending on BAC level) plus court costs and assessments
• License Suspension: 6 months
• Other Requirements: Alcohol and Drug Safety Action Program (ADSAP), possible community service, and potential ignition interlock device (IID) requirement depending on BAC level.

Second Offense

• Jail Time: 5 days to 1 year (depending on the time elapsed since the first offense and BAC level)
• Fines: $2,100 to $5,100 (depending on the time elapsed since the first offense and BAC level) plus court costs and assessments
• License Suspension: 1 year
• Other Requirements: ADSAP, mandatory IID installation.

Third Offense

• Felony in South Carolina: Yes
• Jail Time: 60 days to 3 years (depending on the time elapsed since the second offense and BAC level)
• Fines: $3,800 to $7,500 (depending on the time elapsed since the second offense and BAC level) plus court costs and assessments
• License Suspension: Permanent (with possible reinstatement after a specific period)
• Other Requirements: ADSAP, mandatory IID installation.

Court Programs in Kershaw County

• Diversion Programs: We are currently researching if Kershaw County offers a pre-trial intervention or diversion program for first-time DUI offenders. These programs typically involve completing educational courses, community service, and staying out of trouble for a specified period, after which the DUI charge may be dismissed. Check back for updates or consult with a local attorney.
• Drug Court: Kershaw County may have a drug court program for individuals with substance abuse issues. Eligibility is typically determined on a case-by-case basis. A DUI charge could potentially qualify you for drug court if substance abuse contributed to the offense.
• DUI Court: While not available in every jurisdiction, DUI courts offer a structured program for repeat DUI offenders, focusing on treatment, monitoring, and accountability. We are researching if Kershaw County currently operates a DUI court.
• Community Service Opportunities: Community service is often a component of DUI sentencing. Discuss potential opportunities with your attorney or the probation department.

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 relevant documents related to your case, such as police reports, vehicle registration, or insurance information.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing like jeans, t-shirts, or athletic wear. Business casual attire is generally appropriate.

Local Court Procedures

We are currently researching any specific procedures unique to the Kershaw County Summary Court regarding DUI cases. This may include specific filing requirements, courtroom etiquette, or specialized programs. Check back for updates as we gather more information.

Disclaimer: This guide is intended for informational purposes only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Kershaw County, South Carolina, to discuss the specific details of your case and receive personalized legal guidance. Laws and court procedures are subject to change.