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Experienced Harrisonburg Traffic Lawyer: On January 31, 2015 Mark Plowden, the Chief of Staff for South Carolina Lieutenant Governor Henry McMaster got arrested for DUI. Plowden was stopped by a Columbia South Carolina police officer for driving the wrong way on Assembly Street.
Lt. Governor McMaster graduated from the University of South Carolina Law School in 1973. After Law School McMaster became United States Senator Strom Thurmond‘s Legislative Assistant. McMaster went into private practice and was, for a time, a Federal Prosecutor.
South Carolina has a very progressive video requirement for all phases of a DUI investigation, field testing and breath testing. This requirement means that the Judge or the Jury will get to see what actually happened not someone’s filtered version of events.
Plowden apparently made the classic mistake of allowing himself to be engaged in a discussion with the police officer. He did not realize that if you are stopped by police and you smell of alcohol you are going to jail. The only question is how much evidence will you give the officer to help convict you of driving under the influence of alcohol.
You should only tell the Officer, ” I want a lawyer. If I am not under arrest, please let me go.” You should not consent to the roadside gymnastics, or blow into the roadside breath tester (PBT) or count numbers or say parts of the alphabet. All of these tests are searches of your persons and are only admissible against you if you consent. The only test that you have to take in Virginia is pursuant to Implied Consent which is an evidential breath test and/or a blood draw. Doing all this stuff roadside will only hurt you.