Town of Mt. Pleasant v. Roberts

The Town of Mount Pleasant (Town) appealed the circuit court's order reversing and dismissing Defendant Treva Roberts's municipal court conviction for driving under the influence (DUI) on the ground the arresting officer's vehicle was not equipped with a video camera pursuant to the pertinent section of the South Carolina Code. The Town argued on appeal that the circuit court lacked jurisdiction because Defendant failed to obtain a bond or pay her court-ordered fine prior to initiating her appeal. Furthermore, the Town contended that the court erred in "narrowly construing" the pertinent code to require the reversal of Defendant's DUI conviction and dismissal of the charge. Upon review, the Supreme Court found that the circuit court judge erred in classifying the Town's jurisdictional challenge as one involving subject matter jurisdiction. Because Defendant timely served her notice of appeal on the municipal court, she met the procedural requirements. As such, her failure to obtain a bond or pay the court-ordered fine did not divest the circuit court of appellate jurisdiction. As to the merits, the Court found that the Town's prolonged failure to equip its patrol vehicles with video cameras defeated the intent of the state law mandating their use. Therefore, the Court concluded that the Town should not be able to avoid its statutorily created obligation to produce a videotape by repeatedly relying on the code. Because the Town failed to establish any statutory exception to excuse its noncompliance, the Court affirmed the circuit court's dismissal of Defendant's DUI charge and conviction and dismissed the charge. View "Town of Mt. Pleasant v. Roberts" on Justia Law