South Carolina v. Taylor
Annotate this CaseKenneth Taylor was charged with driving under the influence (DUI). The magistrate court dismissed the charge, finding the State failed to comply with subsection 56-5-2953(A)'s requirement that the DUI incident site video recording "show" the defendant being advised of his Miranda rights. The circuit court and court of appeals affirmed. The South Carolina Supreme Court granted the State's petition for a writ of certiorari to address two issues: (1) the meaning of the word "show" as it was used in subsection 56-5-2953(A); and (2) whether per se dismissal of a DUI charge was the proper remedy for a video's failure to "show" a DUI defendant being advised of his Miranda rights at the incident site. The Supreme Court concluded the magistrate court correctly interpreted the meaning of the word "show" as used in subsection 56-5-2953(A); however, the Court held that failure to show a DUI defendant being advised of his Miranda rights did not mandate per se dismissal.
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