A judge has yet to rule on a request for a new trial in former state Sen. Randy Scott's politically charged DUI case.

Prosecutors are appealing a magistrate's 2008 decision to dismiss a charge of driving under the influence against Scott. The magistrate said the case could not proceed because of a minute of missing audio on a police video Dorchester County sheriff's deputies recorded during the Summerville Republican's arrest.

The admissibility of the video was discussed during an appeal hearing Friday before Circuit Judge Edgar Dickson in Orangeburg County. Attorneys are now waiting for Dickson to rule in the case, Murray Glenn, a spokesman for 7th Circuit Solicitor Barry Barnette's office, said Monday.

Scott, who could not be reached for comment, lost the Republican primary in 2008 to Mike Rose, who now holds the Senate seat.