SC Mayor Plea Bargains DUI Charge Down to Speeding Conviction

By Jim Greene

Published on August 06, 2010

Drunken driving charges against the mayor of a small South Carolina coastal town were dropped recently in exchange for a guilty plea to a speeding charge. The prosecutor accepted the deal because the officer who administered the field sobriety test (FST) at the time of the mayor's arrest was unavailable to testify in court.

Surfside Beach Mayor Allen Deaton agreed to plead guilty to driving at 60 mph in a 45 mph zone, the reason he was stopped. Horry County Solicitor Greg Hembree said that video from the apprehending officer's dashboard camera did not prove beyond a reasonable doubt that the mayor was too impaired to drive safely.

Mayor Initially Pulled Over for Speeding

According to the arrest report, Deaton was pulled over at about 11:30 p.m. on Jan. 7 when a Surfside Beach officer observed him speeding. The officer reported that his initial suspicion that the mayor was driving under the influence (DUI) was based on a strong smell of alcohol when the mayor opened his car door, and the fact that Deaton's eyes were glassy and his speech slurred.

The officer said that, when asked for his driver's license, registration, and proof of insurance, Deaton at first presented the registration, an expired proof of insurance, and a credit card. The officer said that, when he returned the credit card, the mayor presented his license.

Field sobriety tests were administered about 30 minutes after Deaton was stopped, by a different officer. That officer reported that the results indicated that the mayor was sufficiently intoxicated to impair his ability to drive.

No Breath or Blood Tests Administered

Deaton declined a breath analysis test, and no subsequent blood tests were performed, leaving only the testimony of the unavailable officer as credible evidence to support the DUI charge in court.

Mayor Deaton's case illustrates what can happen when police and prosecution fail to meet their burden of proof. Even with the testimony of the officer who administered the FST, there would have been no definitive proof that the mayor's blood alcohol concentration was high enough for a conviction.

If you've been arrested for driving under the influence, contact an experienced DUI attorney. Your attorney will ensure that your right to due process is observed, as well as the state's burden of proof. If you're convicted, your attorney will fight to see that your punishment is just.

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