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Evidence may be inadmissible in S.C. man's felony DUI case

Drunk driving charges can have serious consequences. However, when a car accident results in severe injuries or death, the potential consequences for DUI allegations become even more severe. A felony DUI charge can result in this situation.

The potential severity of the situation does not mean the accused should not stand up for his or her rights. There are sometimes tactics available that can lessen the consequences and potentially even cause the charges to be dropped. An example of this can be seen in the arguments raised by the defense of a South Carolina man who is currently facing charges related to a fatal DUI accident.

The South Carolina man was driving a pickup truck while pulling an empty horse trailer. He struck a DirecTV van, which caused the two vehicles to become engulfed in flames. The driver of the DirecTV van died in the collision.

The pickup truck driver suffered burns on almost 30 percent of his body. He was taken to a hospital where he was treated for his injuries.

Troopers reportedly questioned the man while he was in the emergency room and highly medicated. During this time, he made statements that were self-incriminating and are now being used against him in court to charge him with felony DUI. His attorney has argued that the statements cannot be considered reliable given the fact that the man was heavily medicated at the time of the statements.

In many cases, a detailed examination of the evidence collected and the procedures followed by prosecutors and police officers may reveal mistakes or violations of the defendant's constitutional rights. These kinds of mistakes can lead to a mitigation of the consequences and sometimes a complete dismissal of the case.

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