State v. Knuckles

I respectfully dissent. In my view, all of the statutory elements of driving under the influence were included in the body of the indictment and thus, it was sufficient to confer jurisdiction on the circuit court.

Even before section 56-5-2930 was amended, driving under the influence was established by proof that the defendant’s ability to drive was materially and appreciably impaired. See City of Orangeburg v. Carter, 303 S.C. 290, 400 S.E.2d 140 (1991); State v. Kerr, 330 S.C. 132, 498 S.E.2d 212 (Ct.App.1998). This was the standard of proof necessary to establish driving under the influence…