What began as an attempt to relieve the backlog of drunk driving cases in South Carolina’s state summary courts may have exposed a major flaw in the state’s ability to build cases against drunk driving suspects and eventually convict them.
Last year, Chief Justice Jean Hoefer Toal of the South Carolina Supreme Court issued orders to judges, prosecutors, defense attorneys and courts around the state to eliminate or seriously decrease the backlog of drunk driving cases. In the four months that followed, state courts eliminated over 11,000 cases, but fewer than half resulted in convictions.
Recent news coverage of South Carolina’s potential drunk driving loopholes not only revealed the low conviction rate, but also highlighted a pattern of case dismissals that some prosecutors say was caused by recent legislation that was intended to make the punishments for drunk driving tougher.