SLED begins probe

Agency claims tickets were mishandled in 10 different cases

COLUMBIA — A spokeswoman for the state's top law enforcement agency said Friday that it is investigating allegations that 10 drunken driving tickets involving clients of a state senator, who is an attorney, were improperly dropped.

The State Law Enforcement Division opened the case last week at the request of public safety officials, who wanted a more thorough look, said SLED spokeswoman Kathryn Richardson and Public Safety Department spokesman Sid Gaulden.

In January, a Highway Patrol captain asked for an internal investigation into drunken driving arrests made by a trooper. In the request, Capt. C.N. Williamson said he was suspicious of tickets a trooper faxed to him that were "signed off not guilty." He noted Sen. Brad Hutto, D-Orangeburg, was the lawyer in each, according to documents provided by the Department of Public Safety.

"This type of action by a trooper, finding Driving Under the Influence tickets not guilty without a trial is improper," Williamson wrote.

However, each ticket was certified by the same Orangeburg magistrate and showed a trial date of Oct. 29, 2007.

"I went to court in all of those cases, just like thousands of cases," he said Friday, adding he doesn't remember the specifics.

Hutto said many old cases were resolved last fall as part of efforts to get rid of court backlogs and that the investigation could be a simple paperwork misunderstanding. He said no official has asked him any questions about the tickets.

The trooper, not Hutto, is under investigation, and the trooper remains on duty, Gaulden said.

According to the tickets, the arrests involved 12 people and 17 charges between September 2003 and August 2006. In several of the 10 DUI cases, the suspects refused a blood-alcohol test. Other suspects showed a blood-alcohol level up to 0.16 percent, or twice the legal limit.

None of the 12 suspects could be reached Friday. According to the tickets, most lived in Orangeburg County, though other home addresses included Montmorenci, Summerville and Hartsville.

Scrawling on the bottom of 12 of the pages included comments such as "DUI — Not Guilty." One read, "Prior DUI. Should have been 2nd offense." Whether the trooper wrote the comments and why is unclear. Spokespeople won't comment on the open investigation.

The investigation was made public as legislators debated a proposal to toughen the state's DUI penalties. Gov. Mark Sanford signed the measure into law in April.