South Carolina State Trooper Reprimanded for Violation of DUI Case Procedure

An internal investigation instigated by the South Carolina State Law Enforcement Division (SLED) several months ago to investigate the circumstances surrounding ten DUI plea bargains approved by Lance Corporal David Smith has reached completion and no criminal wrongdoing has been identified.

According to reports, Lance Corporal Smith reduced the ten driving under the influence cases last October, but did not turn over the paperwork associated with the cases until late January of this year. Adding further cause for concern, the documents revealed that seven of the ten drivers who had their cases reduced were represented by South Carolina State Senator Brad Hutto. Additionally, in six of the ten DUI cases, the individuals accused of driving under the influence had blood alcohol concentrations ranging from 0.13 to 0.16. Refusals to submit to chemical testing and instances of individuals driving with suspended licenses were also reported in several of the cases, which under normal circumstances are punishable by enhanced sentences. However, in these cases, the offenders were allowed to plead guilty to reduced reckless driving charges and pay a $440 fine.

Following the initiation of the internal investigation, Lance Corporal Smith revealed to SLED investigators that he felt he was placed at a disadvantage in court by having to argue his DUI cases before a Hutto-appointed magistrate. In South Carolina, state senators make their recommendations for judgeships to the governor, who then seeks confirmation from the entire senate body. Lance Corporal Smith emphasized the disadvantage he faced in court, stating, "Brad appoints the judge, makes a motion and the judge agrees."

In response to Lance Corporal Smith's allegations, Senator Hutto stated that he disagreed with the accusation that he had any influence on the courts. Accordingly, Senator Hutto acknowledged that the magistrates "rule against me just as much as they do anybody else." The Senator also voiced his opinion that had the DUI cases actually been tried, he would have won a majority of the cases, which supports Lance Corporal Smith's decision to offer reduced sentences to the offenders.

Though no criminal wrongdoing was identified for Senator Hutto or Lance Corporal Smith's roles in the plea bargains, Smith was disciplined for violating law enforcement rules and procedures. Lieutenant Colonel M.L. Howard of the South Carolina Highway Patrol addressed Lance Corporal David Smith's actions, stating, "Your actions were in violation of troop procedures requiring you to inform your supervisor in writing before disposing of DUI cases by any other means with the exception of trial by jury or bench trial." Lieutenant Colonel Howard also emphasized to Lance Corporal Smith that any future violations could result in additional disciplinary measures.

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