Statement by Sen. Scott's attorney
Monday, April 21, 2008
Statement by Reese Joye, lawyer for Sen. Randy Scott:
On the night of the incident, some hours before he was stopped, Randy Scott had two small cups of wine at a church benefit with over three dozen witnesses in attendance, each of whom can attest to the fact that he was not impaired, and, in fact, was able to conduct an auction.
We are extremely pleased that the mandated videotapes of the roadside encounter and the breath test room test procedure were preserved and have been made available to us.
Having carefully reviewed the videotapes, we can report the following:
-- The roadside videotape clearly shows that there was no impaired driving and did reveal normal walking and standing patterns for an amputee, including leaning against the vehicle for support, which the deputy misconstrued as alcohol induced.
-- The breath test room videotape indicates clearly that Scott blew at least three times into the Datamaster, which on one occasion seemed to register for at least 7 seconds; yet the official report lists him as "refusing" to take the test, which is not true; because of his position he did request that a South Carolina independent trooper administer the test, that was denied.
-- During a 40-minute tape of the Datamaster room, Scott at no time appeared to be impaired in any way. He had the clear presence of mind to demand an attorney to guard against a faulty test, but was repeatedly refused.
-- The incident report released by the DCSO (Dorchester County Sheriff's Office) contains numerous statements which are not supported by the videotapes.
-- At no time did Senator Scott receive any preferential treatment whatsoever; to the contrary, he was not even afforded his basic right to have an attorney present.
-- At no time did Randy Scott act improperly toward any law enforcement official It is our intention to push for the earliest possible trial — before the upcoming primary election *#8212; so that the voters can see for themselves that this charge is untrue.
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Posted by Harpo on April 21, 2008 at 11:25 p.m. (Suggest removal)
I'm thinking Mr. Scott was somewhat uncooperative and was
demanding his attorney and another trooper to administer
the test before he would blow into the Datamaster. It also
appears he did relent and took the test, but only half-
heartedly blew into it. My impressions are based solely on
the defensive nature of Mr. Joye's statements and the
points he makes. The official claim is that Mr. Scott
did not complete the Datamaster test and that's the reason
for his arrest.
And as for preferential treatment .. how about asking for
a trial to occur much, much faster than usual as as to
beat the election date? That sounds like a request for
preferential treatment to me.
I'm still waiting to hear from Dorchester County on this.
It's apparent Mr. Scott considered the arresting officer to
be a hostile or tainted official, too. At any rate, we now
know that he did drink alcohol before driving his car
although Mr. Joye claims it was only two "small cups"
of wine.
I am puzzled at " .. The roadside videotape clearly shows
that there was no impaired driving ..". How would a
ROADSIDE video, taken after the car has been pulled over,
indicate how the car was being driven?
Also, I know that a breath test is NEVER delayed to wait
for the arrival of an attorney because that tends to
diminish the results of the test. The police aren't going
to wait for your lawyer; they want you to blow NOW.
Posted by Harpo on April 21, 2008 at 11:38 p.m. (Suggest removal)
Oh, my bad. I see Dorchester County has responded to this
in another thread.
Posted by Harpo on April 22, 2008 at 12:02 a.m. (Suggest removal)
Senator Scott's favorite quote (I'm not kidding) from his
own web page:
“You never know how you will look until your pictures took”
I just about fell out of my chair laughing when I read that.
Oh, GOD, that's funny!
Posted by localboy on April 22, 2008 at 5:28 p.m. (Suggest removal)
Maybe Mr. Joye should have a blood test taken too. I hear Scott telling the officers that they will be without jobs when LC Knight is elected. Did Reese Joye miss that part? Is that not intimidation in Joye mind? If I was driving drunk I would want the man who co-authored the book "101 Ways to Avoid a DUI Conviction" as my attorney too. How much $$ has Joye donated to have Scott elected and how hard did he push to stop the strengthing of DUI laws? Does he care about the people killed by drunk drivers?
And why did Mr. Scott not need to be propped up at the Republican breakfast meeting when he stood for at least 20 minutes talking and answering questions if the leg is such a problem? Please!