Eleventh Circuit Solicitor Donnie Myers didn’t appear Monday on drunken-driving charge before a Lexington County magistrate who was holding DUI court.
Myers’ request for a jury trial pushes the date of any decision back weeks and even months. No trial date is set and won’t be until Myers’ attorney reviews the evidence.
"If you look at Donnie's track record in previous matters, he's gone ahead and accepted responsibility in a timely manner," said Heath Taylor, Myers' lawyer. "At this point, he's exercised his right to a jury trial."
Taylor said he is awaiting reception of all reports, videos and other material from the State Highway Patrol as well as designation of a judge to hear the matter.
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All nine Lexington County magistrates excused themselves from presiding over Myers’ case because of their long association with him and his office in legal proceedings on some offenses.
Myers was arrested Feb. 22 for drunken driving after the S.C. Highway Patrol responded to an accident in which the prosecutor’s car had run off the road and hit a utility pole.
A loaded gun was left in the unlocked and abandoned car, according to an S.C. Department of Public Safety towing report.
Myers was taken to Richland County’s jail, where he blew a 0.09 percent blood-alcohol content during a breath test. In South Carolina, 0.08 percent is evidence of intoxication while driving.
Because the traffic accident happened in his home county, Myers’ case will be prosecuted by the S.C. Department of Public Safety’s office of general counsel.
It was the third alcohol-related traffic charge involving Myers in nearly 11 years.
Anti-DUI advocates held a rally last month calling for him either to resign or get help.