A Spartanburg County magistrate ruled Tuesday that a DUI first offense trial for 11th Judicial Circuit Solicitor Donnie Myers can go forward.
In making the ruling, Magistrate James Pasley rejected arguments by Myers’ attorney, Heath Taylor of West Columbia, that Pasley should dismiss the case because portions of the videotape taken by the S.C. Highway Patrol on the night of Myers’ arrest were flawed.
Instead, Pasley ruled that the flawed portions of the videotape should be deleted and the jury can see the undisputed portions of the videotape, which were taken when Myers was arrested Feb. 22 after his car ran off a Lexington County road and hit a utility pole.
No date was set for trial. Pasley asked lawyers for each side to agree on a date when he could come from Spartanburg to preside over the trial, which will be held in Lexington County.
Even if the entire videotape had been thrown out, S.C. Department of Public Safety attorney Marcus Gore said there was other evidence in the case to put before a jury. This evidence included the trooper smelling alcohol in Myers’ car and the fact that Myers’ crash was in a single-car incident, Gore said.