Vick seeks dismissal of DUI charge on technicality

06/26/2013 12:12 PM

06/26/2013 9:33 PM

State Rep. Ted Vick’s latest driving-under-the-influence charge should be dismissed because the Chesterfield Democrat was not read his Miranda rights on video camera as required by S.C. law, the legislator’s lawyer argued Wednesday.

Vick was arrested May 14 after a state Bureau of Protective Services officer saw him stumbling in the State House parking garage before he got into his truck and ran into a traffic cone.

Officer Austen Braddock is shown on a dash-cam video wrestling with Vick during the arrest, and the pair go off camera for about two minutes.

Braddock read Vick his Miranda rights while off camera, S.C. Department of Public Safety attorney Marcus Gore told Richland County Magistrate Mel Maurer at a hearing Wednesday.

But Vick’s attorney, Todd Rutherford, told Maurer the officer failed to follow state law and capture the reading of rights on camera despite having 45 minutes of video of the legislator sitting in a police cruiser.

Gore countered the reading of rights did not make the video because of Vick’s tussle with Braddock.

Maurer did not rule on the motion.

A court date has not been set. Vick has pleaded not guilty, said Rutherford, a Democratic state representative from Richland County and the S.C. House minority leader.

In an incident report, Braddock said he noticed Vick staggering and bracing himself on a wall, next to the garage entrance. Rutherford said Vick stopped to remove a stone in his shoe.

Vick was arrested last year for driving under the influence in Five Points. At the time, Vick was considered the leading Democratic candidate for the new 7th District congressional seat. But he withdrew from that race after his arrest. That case still is pending, Rutherford said.

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