The Town of Mt. Pleasant appeals the circuit court's order reversing Roberts" municipal court conviction for driving under the influence on the ground the arresting officer's vehicle was not equipped with a video camera as required in Section 56-5-2953 of the South Carolina Code. The circuit court specifically found that the videotaping requirements of Section 56-5-2953 were mandatory based on the court's decision in City of Rock Hill v. Suchenski, 374 S.C. 12, 646 S.E.2d 879 (2007). The Supreme Court affirmed the circuit court's decision to reverse Roberts" DUI conviction and dismissed the charge.
The Supreme Court found that the town's "prolonged failure to equip its patrol vehicles with video cameras defeats the intent of the legislature; therefore the town should not be able to avoid its statutorily created obligation to produce a videotape." The Court held that the circuit court judge correctly reversed Roberts" DUI conviction and dismissed the charge because the town failed to establish any statutory exception to excuse its noncompliance.