South Carolina DUI Lawyer Blog

The South Carolina Department of Public Safety has campaigned a theme of zero tolerance regarding drinking and driving. But what does that mean? Does the warning come with an explanation? What does the law provide?

I cannot say it enough. No person deserves to be harmed by another person for any reason including the misuse of an automobile whether by speeding, sleeping at the wheel or when his or her, at the law provides, mental faculties are appreciably and materially impaired by the ingestion of alcohol or drugs.

The law is not a loophole. The law is the law.

Continue reading " Zero Tolerance in DUI Cases in Charleston and elsewhere in South Carolina? " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: Zero Tolerance?

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You may very well be here for the purpose of learning more about DUI and criminal law. You might also have come here in the course of selecting a lawyer or suggesting a lawyer for a friend or family member. If so, you need to know as much as I can tell you about me.

Continue reading " This Lawyer's Qualifications to Represent Those Persons Accused in Charleston South Carolina " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: My Experience

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The old rule provides that ”if it ain't broke, don't fix it.“

Well, SLED (the South Carolina Law Enforcement Division), is in the process of replacing hundreds of breath testing devices that have been in use for over fifteen years. In the early 1990's the BAC Datamaster was introduced. As a device incorporating the science of infrared spectroscopy, the machine was touted at introduction as infallible.

However, over the years of its use, the accuracy of the device has been challenged repeatedly. Arguments have been made that statutory requirements that repair and maintenance records for the devices were not followed. Hundreds of error or “status” codes were recorded.

Efforts to obtain the source code software for the analytical function of the device have been met with resistance. In fact, other breath alcohol test device companies used in other states have taken the same posture. The assertion by the companies is that there need be no independent testing of the computer code that produces a breath alcohol test result which is used as evidence against a citizen in a criminal prosecution.

Continue reading " Breath Test Device in Charleston and elsewhere in the state to Replace Current Machines " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: The ”New“ PC based Datamaster

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