April 19, 2016
From Cherokee County G. Edward Welmaker, Circuit Court Judge
Appellate Defender David Alexander, of Columbia, for
Attorney General Alan McCrory Wilson and Assistant Attorney
General Susannah R. Cole, both of Columbia; and Solicitor
Barry Joe Barnette, of Spartanburg, for Respondent.
S. Medley appeals his conviction for driving under the
influence (DUI), second offense, arguing the circuit court
erred in admitting incriminating statements he made while in
custody regarding his alcohol consumption. We affirm.
evening of April 20, 2013, officers with the Cherokee County
Sheriff's Office were working a traffic checkpoint on
Highway 150 North in Cherokee County, South Carolina. At
approximately 12:45 A.M. on April 21, 2013, officers
witnessed Medley run a stop sign and speed away from the
checkpoint on his motorcycle. Two of the officers, Lieutenant
Steven Bright and Lieutenant Brian Mullinax, subsequently
gave chase in separate vehicles.
officers captured the ensuing high-speed chase on dashboard
video cameras in their patrol cars. Medley reached a top
speed of 109 miles per hour on his motorcycle during the
chase. Lt. Mullinax's camera captured Medley running
through stop signs and crossing over the yellow center line
on several occasions. At one point during the chase, a can of
beer flew back from Medley's motorcycle toward the police
chase ended at Medley's parents' home. After Medley
stopped his motorcycle and ran to the front porch, Lt.
Mullinax apprehended him and "put him on the
ground." Lt. Mullinax asked Medley whether he had a
license and how much he had been drinking. Medley responded
that he did not have a license and "[t]oo much."
Officers subsequently read Medley his
Miranda rights. Thereafter, officers ordered
Medley off the ground and brought him to the front of the
patrol car, where they placed him under arrest and read him
his Miranda rights again. Officers then searched the
saddlebags on Medley's motorcycle and discovered
approximately eighteen full cans of beer.
Mullinax transported Medley to the Cherokee County Detention
Center while Bright arranged for his motorcycle to be towed.
Medley initiated conversation with Lt. Mullinax during the
car ride, apologizing and asking to make a phone call. Medley
also asked if he could drop off keys at his girlfriend's
house on the way to the detention center. After telling Lt.
Mullinax to "take a right" when they approached a
stop sign, Medley volunteered that he does not drink much
anymore. Lt. Mullinax asked Medley how much he had to drink
that day, and Medley stated he "didn't keep
count." Lt. Mullinax told him to estimate, and Medley
responded, "I couldn't tell you." When asked if
he had more than ten drinks, Medley answered, "No,
sir." Lt. Mullinax then asked if he had more than five,
and Medley replied, "About four." Lt. Mullinax,
however, stated he believed Medley had consumed more than
they reached the detention center, Lt. Mullinax printed
Medley's advisement of implied consent form, the breath
alcohol analysis report with Medley's biographical data,
and the South Carolina Department of Motor Vehicles notice of
suspension. Medley signed all of the documents. Following the
required twenty-minute waiting period, all of which was
videotaped, Medley refused to submit to a breathalyzer test.
August 8, 2013, a Cherokee County grand jury indicted Medley
for failure to stop for a blue light and second-offense DUI.
The case was called for a jury trial on June 10, 2014. Prior
to trial, Medley objected to the admission of statements he
made to Lt. Mullinax regarding his alcohol consumption on the
night of the arrest, and the circuit court held a
Jackson hearing. At the hearing, both parties
informed the court that no dispute existed as to what was
said and pointed out the portions of the videos that were
relevant to the motion. After hearing arguments and reviewing
the videotapes, the court denied Medley's motion and
found his statements were admissible. Medley later raised a
contemporaneous objection when the State sought to admit the
statements at trial.
conclusion of the two-day trial, the jury found Medley guilty
of second-offense DUI and failure to stop for a blue light.
The circuit court sentenced Medley to five years'
imprisonment, suspended upon the service of twenty-seven
months, and five years' probation for the DUI charge. On
the failure to stop for a blue light charge, the court
sentenced Medley to a consecutive term of three years'
imprisonment, suspended upon the service of three months, and
probation. The court also revoked Medley's probation on
another charge and sentenced him to a consecutive term of one
year in prison. This appeal followed.