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  • Harshly worded letter from SC trooper raises concern

    By Greg Suskin

    YORK COUNTY, S.C. —

    A harshly worded letter written by a South Carolina state trooper is raising concerns with the state Highway Patrol.

    Eyewitness News obtained a copy of the letter after a man was stopped for reckless driving in York County. That driver did not want to talk about the incident, or have his name used in this story.

    The letter is from South Carolina Trooper D.P. Boulware of York County to the offender's lawyer. The lawyer's name has also been marked out on the letter, so Eyewitness News was not able to contact the attorney for comment.

    Here's what the letter says:

    "Please advise your client that he has until the 16th of March to enter a guilty plea to the pending charge. If there is no plea entered by this date, I will request jail time in lieu of a fine. Even if a guilty plea is entered after this date I will still request from Judge Grayson that your client spend time in jail as opposed to a fine. This is a case of your client wasting the time of both myself and the court presiding. I would never oppose anyone who questions their guilt requesting the verdict of a jury. However, this is an obvious attempt by your client to avoid responsibility for an offense of which he knows he is guilty. A copy of this letter will be on file with the presiding court."

    Eyewitness News brought that letter to the attention of commanders at the South Carolina Highway Patrol.

    "I can tell you that's not what we expect from our troopers," said spokesman Bryan McDougald. "That letter was worded harshly, and strongly."

    In South Carolina, state troopers don't just write tickets and stop drunk and reckless drivers. They also act as lawyers, and must prosecute their own cases in court.

    Cases are often delayed or repeatedly continued for many reasons. McDougald said sometimes that's frustrating to keep showing up for court and not being able to present a case. Still, he said that doesn't mean a trooper's attitude can change.

    "If we've been to court 25 times this year, it should be no different than if it's the first time. Even it's the same person because that's their day in court. They have a right to a fair trial."

    McDougald said the letter is being sent up the chain of command for a review. It's not clear if any action will be taken, but Channel 9 learned that Trooper Boulware remains on active duty while the Highway Patrol investigates.

    I wear a Fez. Fez-es are cool

  • #2
    except for saying he has to enter a plea of guilty or have jail time recommended over fine, i really do not see any majors issues with it.
    http://dfwdirtriders.com/ New Website for the off road peeps

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    • #3
      Welcome to the Media... Harshly written? No. But saying you should decline your 5th and 6th amendment is a big no no.

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      • #4
        Originally posted by SNEAKY View Post
        except for saying he has to enter a plea of guilty or have jail time recommended over fine, i really do not see any majors issues with it.
        I think that is the issue. Plea guilty or you go to jail
        I wear a Fez. Fez-es are cool

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        • #5
          Uh, gee, I thought the Judge sentenced people and not the troopers...The state can make "recommendations" on punishment all day long, but it still is in the Judges court...Don't see a problem with it...
          Last edited by dcs13; 04-01-2012, 05:53 PM. Reason: felt like it

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          • #6
            Originally posted by Forever_frost View Post
            I think that is the issue. Plea guilty or you go to jail
            If the troopers act as their own lawyers the guilty or jail thing is the only thing that worries me about this letter.
            2004 Suzuki DL650
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            • #7
              Originally posted by dcs13 View Post
              Uh, gee, I thought the Judge sentenced people and not the troopers...The state can make "recommendations" on punishment all day long, but it still is in the Judges court...Don't see a problem with it...
              You wouldn't have an issue with getting a letter from DPS saying "If you don't plead guilty, I'm going to recommend you go to jail. If you don't plead guilty immediately, I'm going to recommend you go to jail. It doesn't matter if you plead guilty after this date, you're still going to jail."
              I wear a Fez. Fez-es are cool

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              • #8
                The trooper is not thinking in the best interest of the county jail time cost the county way more then a fine. I'm sure if they push a jury trial the jury will frown upon a letter that looks like the legal system is trying to deny someone there legal rights and trying to threaten someone if they wish to use their rights.

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                • #9
                  Apparently the trooper feels that he is the D.A. too

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                  • #10
                    Originally posted by Forever_frost View Post
                    You wouldn't have an issue with getting a letter from DPS saying "If you don't plead guilty, I'm going to recommend you go to jail. If you don't plead guilty immediately, I'm going to recommend you go to jail. It doesn't matter if you plead guilty after this date, you're still going to jail."
                    Well, don't break the law and problem solved. Still, no worries, Judge is in charge. If you're too stupid to not understand that, guess you get what you deserve...Besdies the letter went to the LAWYER. If he/she is to stupid to understand the Trooper has no authority to set punishment, they need to go back to law school.. Again, the State reccomends stuff all the time (kinda what they do). Doesn't mean Judge does what they say
                    Last edited by dcs13; 04-01-2012, 06:33 PM. Reason: Spelling

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                    • #11
                      Troopers in SC have to prosecute their own cases? That can't be right.
                      ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh

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                      • #12
                        Originally posted by dcs13 View Post
                        Well, don't break the law and problem solved. Still, no worries, Judge is in charge. If you're too stupid to not understand that, guess you get what you deserve...Besdies the letter went to the LAWYER. If he/she is to stupid to understand the Trooper has no authority to set punishment, they need to go back to law school.. Again, the State reccomends stuff all the time (kinda what they do). Doesn't mean Judge does what they say
                        They seem to have an authority to recommend punishment. The letter didn't state to have a plea by x date, it stated you either plea guilty or I recommend jail instead of fines. Tell me sparky, if you are threatened with jail time if you don't cop to an offense that only carries a fine that you won't plead guilty
                        I wear a Fez. Fez-es are cool

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                        • #13
                          Originally posted by Forever_frost View Post
                          They seem to have an authority to recommend punishment. The letter didn't state to have a plea by x date, it stated you either plea guilty or I recommend jail instead of fines. Tell me sparky, if you are threatened with jail time if you don't cop to an offense that only carries a fine that you won't plead guilty
                          Uh, No.. I am entitled to a trial before a jury of my peers and I can choose if the Judge OR the jury would sentence me IF I were found guilty. This is High School law... Sorry, cop has NOTHING to do with sentencing. He can reccomend all day long, that and $1 will get him a cup of coffee.

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                          • #14
                            Originally posted by dcs13 View Post
                            Uh, No.. I am entitled to a trial before a jury of my peers and I can choose if the Judge OR the jury would sentence me IF I were found guilty. This is High School law... Sorry, cop has NOTHING to do with sentencing. He can reccomend all day long, that and $1 will get him a cup of coffee.
                            So you see absolutely nothing wrong with a cop threatening jail time if someone doesn't plead guilty? Let me know how your next traffic stop goes "Sir, if you have nothing to worry about you won't mind me searching your vehicle."
                            I wear a Fez. Fez-es are cool

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                            • #15
                              Originally posted by Forever_frost View Post
                              So you see absolutely nothing wrong with a cop threatening jail time if someone doesn't plead guilty? Let me know how your next traffic stop goes "Sir, if you have nothing to worry about you won't mind me searching your vehicle."
                              Personally, nothing there, go right ahead search the whole car, here's the keys. BUT if I had something to hide I'd say get a warrant. And yes I understand the Carroll rule (vehicles are mobile and CAn be exempt from warrant requirement..Google it for some education)...Sorry, I'm a little more informed than the average joe, BUT if I can take a line from here " don't break the law asshole"...and you have nothing to worry about
                              Last edited by dcs13; 04-01-2012, 07:26 PM. Reason: added

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