Judge Rules: Breath Test Thrown Out in SC Senator’s DUI Case
CHARLESTON, S.C. (AP) – A judge has ruled a driving under the influence case against a South Carolina state senator can go to trial, but the jury won’t hear results of the lawmaker’s breath test that found him above the legal limit.
Magistrate Elbert Duffie agreed with Sen. Paul Campbell’s lawyer who argued the breath test must be thrown out because Campbell also asked for a blood test and it wasn’t administered.
Duffie did reject an argument the entire case be thrown out because dashboard camera video didn’t show Campbell’s feet during a sobriety test.
Troopers say the Goose Creek Republican’s blood-alcohol level was 0.09 percent after he rear-ended a car on Interstate 26 in Charleston in November. Authorities say Campbell also switched places with his wife and said he wasn’t driving.