State v. Johnson
720 S.E.2d 516
S.C. Ct. App.2011Background
- Johnson was arrested for DUI on August 3, 2008 following undisputed evidence.
- Two motions to dismiss were filed: missing audio for the initial 2.5 minutes of incident-site video, and lack of video during breath-test administration.
- Officer testified audio existed from Miranda and roadside tests but there was no affidavit regarding videotapes.
- Magistrate suppressed the breath test but did not dismiss; circuit court affirmed, and Johnson appealed.
- Statutory framework centers on 56-5-2953(A)(2)-(B), requiring videotaping of breath-test administration and providing narrow exceptions for noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the officer violate 56-5-2953(A)(2)(c) by failing to videotape the breath test? | Johnson | Johnson's position acknowledged the video did not capture the breath-test administration. | Yes; the administration was not captured on video. |
| Is noncompliance excusable under 56-5-2953(B) given the record? | Johnson | State argues exemptions apply under totality of circumstances. | No valid excuse established; officer did not submit the required affidavit and the totality did not justify noncompliance. |
| What is the appropriate remedy for unexcused videotaping failure? | State argument preserved | State asserted suppression was proper | Dismissal is required; suppression was reversible error. |
Key Cases Cited
- Town of Mt. Pleasant v. Roberts, 393 S.C. 332 (2011) (strictly construed statutes; per se dismissal for noncompliance with 56-5-2953)
- State v. Roberts, 393 S.C. 346 (2011) (dismissal appropriate when noncompliance not excused; per Suchenski framework)
- City of Rock Hill v. Suchenski, 374 S.C. 12 (2007) (noncompliance may require dismissal where exceptions not preserved)
- State v. Carmack, 388 S.C. 190 (Ct.App.2010) (preservation requirement for appellate review in evidentiary issues)