On or about July 5, 2013, the South Carolina Law Enforcement Division (SLED) Implied Consent website that houses the videos of DUI breath tests and other records that the law requires the State to maintain in DUI cases went offline. In the immediate aftermath, SLED spokesman Thom Berry announced that the problem was possibly caused by a lightning strike which damaged a server holding “hundreds of thousands of files and videotapes, many of which go back to 1991.” On behalf of SLED, Mr. Berry assured South Carolinians that “we have lost no files, but it’s going to take time to bring all of those files back online.”
On August 7, 2013, SLED issued a press release stating that the restoration of SLED’s Implied Consent servers was complete and that “all of the test records and videos affected by the power outage in July are now accessible. No files were lost.”
Over the month that SLED’s Implied Consent website was down and after receiving conflicting reports from sources within SLED, the criminal defense bar of South Carolina began questioning SLED’s publicly stated cause of the problems and began investigating the matter. During that investigation, one of our members obtained weather data reports which show the nearest lightning strike to SLED headquarters on July 5, 2013 was three miles away.
On August 21, 2013, in the face of growing skepticism, SLED’s excuse changed. “It had nothing to do with a lightning strike,” SLED Chief Mark Keel stated to media. However, Chief Keel went further in his comments adding that “any rumor that it had to do with hacking is totally false.”
With the November 2012 revelation that some 6.4 million tax records were hacked from our Department of Revenue, South Carolinians are justified in questioning the security of our State government’s digital data. If Chief Keel and SLED think this concern is unjustified, perhaps they need to speak with Gov. Nikki Haley. On August 20, 2013, Gov. Haley called on all state agencies to take a good look at how they are handling information security and makes changes, if necessary, to secure their data.
The truth of the matter is that SLED’s deception concerning the cause of this data problem with their DUI system is incredibly troubling when one considers the mystery that surrounds SLED’s DUI system when it is working “correctly.”
Lightning did not cause the computer problems at SLED and should have never been offered to the public as an excuse for those problems. The fact that it was is indicative of a serious underlying problem that concerns all South Carolinians. Transparency in government is what our governor promised South Carolinians. SLED should welcome transparency in this important area.
As such, the South Carolina Association of Criminal Defense Lawyers calls on Chief Keel and SLED to appoint an independent commission comprised of members of the defense bar, the scientific community and the judiciary to investigate SLED’s entire Implied Consent/DUI programs and procedures. If SLED refuses to reassure the public by appointing such a commission, we call on Governor Haley and the South Carolina General Assembly to exercise their duties of oversight and accountability and appoint such a commission. South Carolinians deserve to be assured that the data used to prosecute DUI crimes in our state is secure, accurate and trustworthy.
(Editor’s Note: The above communication is a news release from an advocacy organization and does not necessarily reflect the editorial position of FITSNews.com. To submit your letter, news release, email blast, media advisory or issues statement for publication, click here).
15 comments
Captain Renault is shocked to learn that a defense lawyer group would speak ill of an agency that aids criminal prosecution.
No kidding. Only entities that would profit by a loss of DUI video & records are drunks & money hungry defense attorneys. NO Records have been loss…all restored
Shocking, no?
For the sake of all South Carolinians, please do NOT include the SC Judiciary as part of your commission to investigate aanything at SLED. A high level SLED agent told me a couple of years ago, SLED will do nothing about Jean Toal’s abuse of the system and her “possible” criminal activities. She is the person who has to rule for or against SLED on cases. When SLED has a problem with a particular judge, they have someone up the ladder just call Jean. “She owns us. When Robert Stewart was here, it was worse.”
Toal has got to go.
Edgar is correct with his info.
Robert Stewart was and I guess still is, a political hack who kissed political but, even when unnecessary.
Is anyone surprised the Little Hitler (Keel) would lie, I’m shocked.
Keel is just as political and even lower than Stewart. Both are abusive and vindictive to work for.
keel should have NEVER been appointed to the position; just another Haley FUCK up, or another Haley FUCK? I have my thoughts, knowing both.
Betty what year was it that you were fired by
Stewart and Keel?
The internet and everyone being connected is a direct threat to their rogue selves. However, these old farts and their mentality still function like it is the days before the web.
Now the truth catches up. And much of it can easily destroy their careers while some of it can even send them to federal prison.
Payback can be a bitch, right Mark Keel? Right Jeal Toal? Right SC Court Administration?
Stupid fools. Never do people wrong that you think you rule over in your control freak minds. The evil these rogues in state government have been doing for years and years has come home to roost!
Kudos to Will Folks for having the balls to stand up to these sack of dung.
If they would have been funded by Haley and the lawmakers they would have properly trained and paid staff as well as a redundant server at a distiaster recovery cemter behind mutiple levels of protection. .this is what happens when you are being advised by high school flunkies instead of IT pros…
Any reason they’re hanging on to records from 1991?
Does that mean that there are DUI cases that have not been tried and gone to the end of any possible appeals within 22 years?
Interesting thought
Great article! Nothing surprising, here. SLED does not obey the law with regard to issue of CWP’s within 90 days, absent a good reason to deny the application.
Doesn’t SLED still hamstring front-line police officers at least one day of the week by shutting down access to NCIC/CJICS and even DMV files for hours on end? I have said for years that there is no excuse for this as a backup computer should be in place that would allow uninterrupted access to this info while the system is being serviced. I wonder how many officers’ lives have been placed in unnecessary danger and how many wanted criminals have walked away free from a police stop because of this incompetence. This has gone on for decades.
“… we call on Governor Haley and the South Carolina General Assembly to exercise their duties of oversight and accountability…” because they did such a good job with SCDEW and SCDHEC…
Did you forget DOR?
I will swear on a stack of Bibles, that there is absolutely no reason under the sun to believe anything that SLED says. Question any and all statements and allegations their agents and representatives might make.
ya think? ya wont be able to convict a dui for a looooooooooong time!