COLUMBIA - A dispute about who is responsible for informing police of
DUI license suspension hearings has led to more cases being dismissed and
drivers getting back on the road faster.
In South Carolina, licenses are suspended automatically for 90 days
when a suspected drunken driver refuses to take a blood-alcohol test.
People with a blood-alcohol level of at least .15 percent, nearly twice
the state's .08 standard for drunk driving, also face immediate 30 day
suspensions.
But drivers can appeal those automatic suspensions and get licenses
back until their DUI charges are heard. For years, the state Department of
Motor Vehicles handled the appeals. But since a law took effect Jan. 1,
the South Carolina Administrative Law Court has been in charge of the
hearings and oversees the hearing officers that handle those cases.
Since then, 70 percent of the 602 cases that went to administrative
hearings were dismissed. That's up from 60 percent in 2005. Most of this
year's dismissals came because the Administrative Law Court has not
notified police of pending hearings.DMV officials say they're appealing
about 200 of the 421 dismissed cases and haven't reinstated those
licenses.
"It's a mess," said Marvin Kittrell, the administrative court's chief
judge. He said his staff would start notifying police officers immediately
and is pushing proposed legislation to more clearly give his office that
responsibility.
The "mess" developed as Kittrell's court and DMV disagreed about who
was responsible for notifying police of upcoming hearings.
DMV spokeswoman Beth Parks said when the Administrative Law Court took
responsibility for the suspension appeals, it also became responsible for
notifying police.
"We're relying on the Department of Motor Vehicles to notify us," said
Col. Russell Roark, head of the state Highway Patrol. Roark says his
division had been working with the DMV to develop a "cleaner" notification
process involving sending hearing notices to officers by e-mail instead of
by fax.
Kittrell hopes a bill up for debate this week in the House will clarify
the roles. The House legislation and a similar bill in the Senate make it
clear that arresting police officers or officers operating blood-alcohol
test machines are parties in the case, not just witnesses. That change
would require that they be notified.
That bill's sponsor, Rep. Greg Delleney, R-Chester, blames the DMV for
the problem
"They're deliberately picking a fight," Delleney said. "Had there not
been a problem to begin with, the administrative hearing officers would
still be with them."
But the agency's department managers treated the officers "like
stepchildren" and some cases left them locked out of
offices.