In some states, you don’t get a jury trial for DUI or other traffic violations – not immediately, anyway.
For example, a magistrate would first hear your DUI charges before they allow you to request a jury trial in our neighboring state to the North. After the magistrate finds you guilty, you can file an “appeal” to the district court and request a jury trial.
In South Carolina, you are guaranteed your constitutional right to a jury trial in every criminal case, including driving under the influence or other traffic violations.
You can request a jury trial in any SC criminal court where you are charged with driving under the influence, including:
- Horry County and Georgetown County magistrate courts,
- Horry County and Georgetown County municipal courts (including Myrtle Beach and Conway, SC, city courts), and
- Horry County and Georgetown County General Sessions Courts (the Fifteenth Judicial Circuit).
How Do You Request a Jury Trial for DUI in SC?
The Sixth Amendment to the United States Constitution guarantees the right to a jury trial “in all criminal prosecutions” – including driving under the influence and traffic violations:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial juryof the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Article I, Section 14 of the SC Constitution also guarantees the right to a trial by jury for “any person charged with an offense:”
The right of trial by jury shall be preserved inviolate.Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury; to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defense by himself or by his counsel or by both.
But how do you get a jury trial if you are charged with DUI?
The procedure may be different depending on which court you are in – in the lower courts (magistrate and municipal courts), you or your attorney will request a jury trial on or before your initial court date.
Jury Trial for DUI in Horry County Magistrate Court
In the lower courts, including the magistrate courts in Horry and Georgetown Counties, you can request a jury trial on or before your initial court date.
If you request a jury trial in advance of your court date, it should be done in writing, and you must confirm that they have received the request and keep documentation just in case they later say they never received the request.
Once the court receives your jury trial request, you will no longer need to appear on the initial court date, and you will receive a notice in the mail when your case is scheduled for a jury trial roster meeting.
Jury Trial for DUI in Horry County Municipal Courts
The procedure is similar if you are charged with DUI in Horry County’s municipal courts, including:
- Atlantic Beach,
- Aynor,
- Conway,
- Loris,
- Myrtle Beach,
- North Myrtle Beach, and
- Surfside Beach.
Do you need to request a jury trial five days before your initial court date?
It’s a good idea, but no. That’s only required in civil cases.
The US and SC Constitutions guarantee you the right to a jury trial, without restrictions or deadlines for filing your jury trial request. It may be a good idea in many cases to file your request in advance of your court date, but it’s not necessary.
Jury Trial for DUI in Horry County General Sessions Court
You don’t have to do anything like file a form jury trial request in General Sessions Court if you are charged with DUI 2nd, 3rd, 4th, or subsequent offense, or felony DUI.
Your attorney will let the prosecutor know if you are not accepting their plea offer, and the case will automatically be placed on the jury trial roster if it is not resolved.
What’s Better, a Bench Trial or a Jury Trial for DUI Charges in Horry County?
There may be cases where a bench trial is better for a particular defendant in unique circumstances, but, in most cases, the default should be to request a jury trial.
That doesn’t mean your case will go to trial. It means:
- You will have time to investigate, research, and prepare your defense,
- You will have time to file any necessary motions including discovery motions and motions to compel,
- You will have time to identify, locate, and retain any expert witnesses that are needed to prepare your defense,
- You will have an opportunity to negotiate with the officer or prosecutor in your case, seeking a dismissal of the charges or a favorable plea offer based on the facts of your case,
- You are letting the prosecutor know that, if your case is not resolved favorably, you intend to go to trial,
- You will have an opportunity to file pretrial motions asking the court to suppress evidence or dismiss the charges based on constitutional violations or other legal issues,
- You will preserve your right to a jury trial if the prosecutor refuses to dismiss or offer a reasonable plea agreement, and
- You will preserve your right to a jury trial if the court refuses to dismiss your case or suppress evidence.
If you don’t request a jury trial, you will get a bench trial with no preparation time, no discovery, and no opportunity to come back and ask for a jury trial after the judge finds you guilty.
If you do request a jury trial, you get the time you need to prepare for a trial, and “layers” of defense – if the prosecutor does not dismiss, the court might dismiss. If the court doesn’t dismiss, you can still fall back on a jury. If the jury does not acquit, you have not waived your rights, and you may have grounds for appeal.
Questions About Jury Trials for DUI in SC?
If you have been charged with DUI, DUAC, or another DUI-related offense in Myrtle Beach, Conway, or anywhere in the Horry County area, you may have valid defenses to the charge or there may be grounds to get your case dismissed. You may also have strict deadlines to request an administrative hearing if you have an implied consent suspension because of a DUI arrest…
Contact Conway, SC, DUI Lawyer Johnny Gardner now at (843) 248-7135 for a free consultation to find out how we can help.
