Man Charged With Felony DUI After Fatal Collision

An 18-year-old Conway, South Carolina teen is being charged with Felony driving under the influence (DUI) after a head on collision with a van.  This killed the 52-year-old passenger, and injured others.

Police report that an SUV, driven by the defendant, crossed the grass median of U.S. Highway 17 and collided with a van that was carrying six people.  Both vehicles overturned in the crash.  The man who was killed was not wearing a seat-belt.

The driver is being charged with two counts of felony driving under the influence, one for death and the other for great bodily injury. Everyone in the van was taken to the local hospital.

A felony DUI charge in South Carolina requires that the person be proven to have: Operated a vehicle under the influence of drugs or alcohol or both; and, did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently; and, proximately causes great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists.

If you or a loved one has been charged with DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP.  For a consultation call our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.

Man Crashes Car Causing Several Injuries Resulting in Felony DUI

Police in Columbia, SC have arrested a man who caused an accident injuring several people late last Saturday night.  They say he was driving under the influence, and he is being charged with Felony DUI.

Officers report that the man was under the influence of alcohol when he crashed near an intersection at around 11:30 p.m. Saturday evening.  Also according to the officers, the man failed to yield to a car traveling north, colliding with another vehicle causing the man’s car to flip over onto its side.

The man and the four other passengers in the car had to be taken to the hospital where one of the passengers suffered severe injuries.  The driver’s physical injuries were not as severe; however his criminal record will be injured.

If you or someone close to you has been involved in an alcohol related accident and have been drinking, it is likely that the charge will be increased to a Felony DUI.  A Felony DUI charge in South Carolina requires that the person be proven to have: Operated a vehicle under the influence of drugs or alcohol or both; and, did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently; and, proximately causes great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists.

It is so important to have an attorney who is willing to work for you if you have been charged with a Felony DUI.  Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation.  You can reach our northern South Carolina office at 803-548-4444, or toll-free at 877-374-5999.

Woman Crashes Car During Police Chase Ending in Felony DUI

Around 3:00 a.m., on interstate I-26, a South Carolina Highway Patrolman observed a vehicle speeding by at over 100 miles per hour.  As the trooper attempted to pull the vehicle over, it was allegedly going so fast that he could not keep up, and lost the vehicle twice.

When the vehicle entered the curve near the Bennet Yard Overpass, authorities believe the vehicle struck the retaining wall, flipped over the interstate, eventually coming to a stop.  When rescue crews arrived on the scene, the car was on fire with a male passenger trapped inside.  The crew was able to get the passenger out, but he obtained serious injuries.  The woman was charged with Felony DUI.

If you or a loved one has been charged with a Felony DUI, it is important that you get a defense team on your back to assist with the upcoming difficult stages that are going to take place.  The law offices of Reeves, Aiken & Hightower, LLP have professionals who understand DUI law, and are here to help you.  You can call us for a consultation at 803-548-4444, or toll-free at 877-374-5999.

Emergency Room Nurse Handcuffed After Blood Withdrawal Refusal

WRAL, a North Carolina news agency, has reported that a Selma, NC police officer handcuffed an emergency room nurse who refused to withdraw blood from a DUI suspect the police brought in for blood testing.  The nurse was eventually released from the handcuffs and the suspect’s charge was later dropped because the arrest was unsupported by probable cause.  The Motor Vehicle Driver Protection Act of 2006, S.L. 2006-253, requires medical providers and other qualified persons to withdraw blood in implied-consent cases pursuant to an officer’s request. Id.

S.L. 2006-253 amended G.S. 20-139.1(c) to provide that “when a blood test is specified as the type of chemical analysis by a law enforcement officer, a physician, registered nurse, emergency medical technician, or other qualified person shall withdraw the blood sample…and no further authorization or approval is required.”  Id. This is applicable when an officer seeks to remove blood from someone who is incapacitated, or when an officer requests that blood be withdrawn pursuant to a search warrant since the blood to be seized is specified in the warrant.

Also, S.L. 2006-253 enacted G.S. 20-139.1(d)(1) and (d)(2), which authorize both the warrantless withdrawal of blood following a defendants refusal to be tested, and it prescribes procedures for compelled warrantless blood draws.  The basic premise is that when a blood sample is requested by a police officer, no further authorization or approval is required, by medical professionals or others.

However, the statutes further provide that “if the person withdrawing the blood…requests written confirmation of the officer’s request for the withdrawal of blood…the officer shall furnish it before blood is withdrawn.”  The medical provider may only refuse “if it reasonably appears that the procedure cannot be performed without endangering the safety of the person collecting the sample of the safety of the person from whom the sample is being collected.”

The point here that is not quite as clear as to whether a medical provider’s refusal to withdraw blood amounts to a crime.  While it is not addressed in the statute, the most likely criminal charges are resisting, delaying or obstructing an officer in violation of G.S. 14-223, but there is no specific provision outlining such an ordeal as a crime.

If a medical provider does refuse to withdraw blood when confronted with a search warrant; does this add up to criminal contempt?  The problem is that the warrants for blood do not direct individuals who are not parties to perform any duty.  Therefore, it is impossible, by abiding by the statute, for a medical provider to willfully disobey the court order.

If you are a medical provider, or the suspect who was having blood extracted, call the law offices of Reeves, Aiken & Hightower, LLP for an understanding of your rights.  The legal verdict is still out on how the law will go in this type of situation.  It is important to know how these types of situations will be resolved.  Call our North Carolina office at 704-499-9000, or toll-free at 877-374-5999.

Davidson Teen Escapes Death in Fiery Crash

A Davidson teen has miraculously escaped serious injury and death after a fiery crash on Interstate 85 Southbound near mile marker 98.

According to Troopers, the 19-tear-old teen’s car experienced tire failure, wet off the side of the road, crashed into an embankment and caught fire.

The teen was initially trapped inside the car, but was able to free himself by climbing out of the back window.

Luckily no other cars were involved the crash.

The traffic accident rates for people ages 16-19 are higher than those for any other age group on the road. Primary risk factors for young drivers include poor hazard detection, low risk perception, risk taking, not wearing seat belts, alcohol and drugs, and night driving.  It’s important for teen drivers to be aware of these risks and the proper safety precautions that need to be taken to mitigate them.  If you or a family member is involved in an accident, the trusted Accident Attorneys of Robert J. Reeves P.C. will be there to pave your successful road to recovery.  Call today at 803-554-4157 or 877-374-5999 toll-free.