Sen. Paul Campbell's DUI case dismissed
CHARLESTON, S.C. (WHIV) —
The DUI case against state senator Paul Campbell from Berkeley County has been dismissed.
Andy Savage, Campbell’s attorney, successfully argued in court this morning that since Campbell was not given a blood test after requesting one the night he was charged with driving under the influence, officers violated due process and, therefore, the case should be dismissed.
According to a police report, Campbell, 71, was arrested on Nov. 4, 2017 for driving under the influence after he rear-ended another vehicle on I-26.
When troopers arrived on the scene, Campbell was given field sobriety tests, which the report states he he failed, and was taken to jail.
A breathalyzer was performed showing a breath sample of .09 blood alcohol level, slightly above the legal threshold for drunken driving.
According to a motion filed with his attorney, Campbell requested a blood test to determine his alcohol level that evening, which was not performed.
This morning, a judge noted that under the due process, Campbell had a “reasonable right” to obtain a blood sample as evidence.
Since no blood test was performed, his due process rights were violated.
Campbell's charge of providing false information to officers was also dismissed.
According to the police report, there was confusion about who was driving the vehicle the night of Nov. 4 —the senator or his wife, Vicki Campbell.
Both stated that Vicki Campbell was driving, but after speaking with witnesses, who said the two switched places moments after the crash, troopers determined the senator was driving.
Both Campbell and his wife were charged with providing false information. Campbell’s attorney successfully filed a motion to dismiss those charges.
This is a developing story and will be updated.