Judge throws out Scott DUI case

A judge threw out state Sen. Randy Scott's DUI case after disqualifying the arrest video Thursday.

Dorchester County sheriff's deputies stopped Scott April 19 and charged him with driving under the influence. A deputy recorded the arrest, as required by state law.

Responding to pre-trial motions, Magistrate Phillip Newsome of Columbia said there was about a minute of audio missing from the video, with no explanation of how it happened. Without an affidavit explaining the gap, Newsome said he could not proceed with the trial.

"I am dismissing the case," Newsome said. "I don't have a choice. It may be picky. It may be trivial. But that's the law."

Scott maintained that the arrest was set up to hurt his chances for re-election. He faces former state Sen. Mike Rose in the June 10 primary.

Ninth Circuit Deputy Solicitor Barry Barnette of Spartanburg, who was prosecuting the case, said he would file a motion to reconsider, which could lead to an appeal. He said he didn't see any missing audio in the video, just Scott leaning over into his glove compartment for a while.

"I think this case needed to be decided by a jury," Barnette said. "This is a perfect example of the problem with our DUI law. This is frustrating for law enforcement throughout South Carolina."

Dorchester County Sheriff Ray Nash said he was disappointed that his deputies didn't get a chance to prove they did nothing wrong.

"There was absolutely no political motivation," Nash said. "We're sorry to see the system operate like this. I wish there was an opportunity to refute these unfounded statements."

Scott was questioned because he was driving erratically and then failed field-sobriety tests, Sgt. Randy Botten, the arresting officer, testified during pre-trial motions Thursday. Scott's lawyers disputed both allegations.

Scott was arrested after pulling out of a shopping center about 11 p.m. He was out checking signs at night because they were being vandalized, lead attorney Reese Joye of North Charleston told the judge.

After the dismissal, Scott said he was happy to get out campaigning again. He also apologized for profanity he used when he was arrested, which became public when the incident report and a phone call recorded at the jail were posted on several Web sites. Scott said he was frustrated because he knew he was innocent.

"I knew I wasn't intoxicated that night," Scott said. "When they finally arrested me, it just made me mad."