Rock Hill DUI Arrest? We Can Help.
Why You Should Hire Us
Robert J. Reeves (email@example.com) 803.554.4157 mobile
Rock Hill DUI attorney Robert Reeves has been a practicing trial lawyer in both civil and criminal courts for the past 27 years. He applies his civil litigation skills to defend those persons arrested and charged with a Rock Hill DUI, DUAC, and felony DUI. In addition to being a member of the National Trial Lawyers Top 100 and National College for DUI Defense, Mr. Reeves has earned certificates from the National Highway Transportation Safety Administration (NHTSA) for DWI Investigation, Standardized Field Sobriety Testing, and Advanced Roadside Impaired Driving Enforcement (ARIDE). These courses are the same training that police officers undergo. The first certificate allows Mr. Reeves to challenge the procedure used in conducting roadside testing. If the officer does not administer the tests as required, the results are deemed to be invalid and can be a challenge to whether an arrest was proper. The ARIDE course deals with drug based impairment, whether by prescription, illegal or other drugs that can affect the ability to drive safely. This training involves significant anatomy and physiology. As Mr. Reeves is a former Registered Nurse (RN), he is able to fully appreciate and argue whether particular drugs will cause impairment and what should be present on testing. Mr. Reeves is a member of the National College for DUI Defense.
Zachary E. Fry (firstname.lastname@example.org) 803.250.9424 mobile
Rock Hill DUI lawyer Zac Fry is a former DUI prosecutor. He began his legal career clerking for Judge Eugene C. Griffith, Jr., resident Circuit Judge for the Eighth Judicial Circuit in Newberry, South Carolina. Following his judicial clerkship, Zac was hired by the Sixteenth Circuit Solicitor’s Office as an Assistant Solicitor. He was specifically assigned to the DUI Unit here in Rock Hill. While at the Solicitor’s Office, Zac prosecuted over 400 DUI cases and tried a variety of cases to jury verdict. Zac’s experience with the State has prepared him with the insights about what is required to convict someone of DUI. He now takes that knowledge and experience to aggressively defend those arrested. He will review the State’s case and highlight any weaknesses or legal error which can be used to suppress evidence or, in some cases, even dismiss the charge. Like Mr. Reeves, Zac makes himself available to clients when they need him. He accepts calls after hours and on weekends when you have questions.
How We Defend DUI Cases
If you hire Robert J Reeves P.C., here is what our Rock Hill DUI lawyers will do. First, we request a jury trial and then subpoena all of the State’s evidence including all required video recordings. In South Carolina, video evidence at the “incident site” (where stopped) and in the breath testing room is mandatory by law. This critical evidence will usually show the police stop, initial contact with the officer, performance of field sobriety tests, arrest, and reading of Miranda warnings. The video at the street must show any field sobriety tests given, the arrest, and Miranda warnings. Under current law, if any of these three events are not properly preserved, the defense can file a Motion to Dismiss the case. If there are problems with the video recording equipment, the police can submit an affidavit showing that they took proper steps to maintain the devices. Such affidavits, however, are to be scrutinized by the Court in favor of the mandatory video recording statute. In addition to “incident site” video evidence, we also get to see in “effective real time” all interactions in the BAC breath testing room. Even in cases where our clients exercise their right to refuse testing, we can still evaluate how they appear. Do we hear slurred or incoherent speech? Are they unstable on their feet? Do they sway, stagger, or fall? Seeing is believing, and a picture is still worth a thousand words. Many DUI cases “make or break” on what is seen on video.
What You Are Facing if Convicted
If convicted or plead to a first offense DUI, you are subject to a $400.00 fine and up to 48 hours in jail or community service if your BAC is less than 0.10%. If greater than 0.10% but less than 0.16%, you can be ordered to pay a $500.00 fine and up to 72 hours jail or community service. If your BAC is greater than 0.16%, the fine increases to $1000.00 fine and up to 30 days in jail. In addition, you will be required to obtain SR-22 insurance for three (3) years, even if you do not own a vehicle. And, to qualify for a restricted license, you must enroll in Alcohol and Drug Safety Action Program (ADSAP) and pay a $100.00 license reinstatement fee. Finally, if you refuse breath testing or have a BAC greater than 0.16%, the DMV will also require the installation of ignition interlock into your vehicle. Of course, any subsequent DUI convictions will result in even harsher penalties and fees.
Being Charged Is Not the Same as Being Convicted
We begin with the basic truth that being arrested does NOT mean you are guilty or are going to be convicted. Arrest does not mean conviction. The State of South Carolina must prove you guilty on all counts beyond a reasonable doubt. DUI laws in South Carolina are tough but fair. To prove their case, the State has to show three (3) elements: (1) driving, (2) in the county where charged, and (3) a blood alcohol concentration (BAC) of 0.08% or greater. In cases where there is no BAC level, you must be shown to be materially and appreciably impaired. That’s where our firm comes in. We are Rock Hill DUI defense attorneys and are proud to defend those persons arrested and charged here in York County. Come meet with us before you decide which firm you want to trust with your case.
Choosing a Rock Hill DUI Lawyer
When looking for any attorney, you will find lots of potential choices. We encourage potential clients to do their research. Everyone “knows” a “good lawyer,” but it is better to find out as much as you can on your own. The internet is a great resource on a lawyer’s actual credentials and experience. We also suggest that you actually interview several firms and meet with the lawyers in person. Ask them the hard questions. How many times have they actually tried a DUI case? What percentage of their practice is devoted to DUI? Have they taken any extra courses or training to become more proficient in DUI defense? Do they belong and support any professional DUI defense organizations such as the National College for DUI Defense? This is a critical decision. It is worth taking the time. In the end, after you have critically evaluated several lawyers, you should go with the best attorney who gives you the most confidence and who also puts you at ease.
Rock Hill Municipal Court or Centralized DUI Court
There are currently two courts in Rock Hill that resolve DUI cases. If you are arrested by Rock Hill City Police, your case will be resolved in Rock Hill Municipal Court. That court is pictured above and is located at 120 East Black Street. If charged by the York County Sheriff’s Department, South Carolina Highway Patrol, or at a MultiJurisdictional checkpoint, your case will be heard in the York County Centralized DUI Court. That court is located at 529 South Cherry Road. There are several other courts within York County that handle DUI cases, including Clover Municipal Court, Fort Mill Municipal Court, and Tega Cay Municipal Court. The DUI attorneys of Robert J. Reeves P.C. defend DUI cases throughout York County and South Carolina statewide.
Right to Trial by Jury
Under South Carolina law, anyone charged with DUI has the right to a trial by a jury of their peers. As trial lawyers, we appreciate that right and are not afraid to go to court and fight for our clients. In most cases, we are able to highlight legal weaknesses or even legal error and negotiate an acceptable plea offer. Of course, the decision to go to trial or accept a plea offer is always made by the client. We evaluate your case and then review our findings as well as any plea offers made. We still believe that a good defense always begins with a good offense. After we sit down and go over your options and have answered all of your questions, you will be able to decide how to proceed. With full information and our guidance, you can now make the best decision for your case and particular situation. We work for you. You make all the decisions.
How the DUI Arrest Process Begins
Life can change quickly. One moment you out at dinner with friends. You have a few drinks or beers and get ready to head home. You feel fine to drive. You think you’re alright to get behind the wheel. Then, on the way home, you come up on a checkpoint or get stopped for turning too abruptly. You see the blue lights so you pull over to the curb. You’re a little nervous but still feel like everything will be ok. The officer walks up to your car and you put down your window. As soon as the police smell alcohol, a routine stop or checkpoint will then turn into a full blown DUI investigation. Next, the officer will ask you if you have had anything to drink and then direct you to exit the vehicle. Once outside, you will be requested to attempt to perform “field sobriety tests.” If you answer the questions, you are just incriminating yourself. If you refuse, you know what will happen. If you try to do these roadside tests, you will most likely fail as they are difficult no matter what. If you refuse, the same outcome is going to occur. Once stopped and you have alcohol on your breath, you are going to be arrested and placed in handcuffs whether you cooperate or refuse. It really does not matter at that point. But after you are released, it’s your turn, and the DUI defense process begins.
License Suspension. How to get your license back?
By driving on South Carolina roads, you “impliedly consent” to breath testing. However, under your 5th Amendment criminal rights, you can refuse to submit a breath sample or “refuse to blow.” That refusal will stand in your criminal case, but there are immediate consequences on the civil or Department of Motor Vehicles (DMV) side of your case. The immediate punishment, even if you are subsequently acquitted in the criminal case, is loss of license (SC resident) or driving privileges (out of state resident) for six (6) months. Also, if you submit to breath testing but your reported blood alcohol content (BAC) is 0.15% or greater, the same suspension for six (6) months will apply. The six (6) month suspension if for a first offense DUI charge. Subsequent arrests for DUI will result in greater initial suspensions and can result in permanent revocation. Here is the good news. You can challenge your suspension by filing an appeal within thirty (30) days of arrest.
We would honor an opportunity to personally meet with you and be interviewed to handle your case. Ask us the hard questions. Call 803-554-4157 or email Robert@RJRlaw.com today for a private consultation. We look forward to helping you and your family. Call us now and let’s get started.
*Memberships in professional legal organizations is not intended to imply any particular expertise or convey any specific outcome. Every case is different and turns on individual facts. Only after a thorough review of all of the State’s evidence has been completed can a lawyer make a realistic assessment of options.