New Year’s Resolutions

Driving is something we mostly all do on a daily basis. Furthermore, most of us are aware that there are certain things we could do to become better, and smarter drivers. When considering your New Year’s resolutions, you might consider making some in terms of your driving— and even riding. While we drive all the time, that doesn’t necessarily mean we’re good at it. So, let’s think about ways we can improve… 

New Year’s Resolutions: Driving Smarter and Safer 

Back seat driving 

While this New Year’s resolution doesn’t directly apply to something you do while driving, it’s definitely something that can make a big difference for those you frequently travel with. Something to consider if you know that you are, or even have been called, a backseat driver— is how productive your advice really is.

There’s a certain line between making the driver aware of impending danger— such as a red light, or someone speeding through the intersection. However, giving random directions, pointing in their face, or making unnecessary suggestions often does more harm than good. In fact, it could even cause an accident. 

Cell Phone Use 

It’s actually quite surprising how many drivers continue to use their cell phones when driving— especially given the new, strict laws that prohibit it. Distracted driving in any capacity is quite dangerous for other drivers, and yourself too. There are many statistics that go to show how dangerous being on your phone while driving can be— similarly as dangerous as drunk driving. If you find yourself spending too much time on your phone, especially when behind the wheel— making that your New Year’s resolution might be a positive change worth making. 

Drunk Driving 

Furthermore, and just as important a New Year’s resolution as using your cell phone, is drunk driving. Drunk driving is a dangerous, reckless, and sometimes fatal decision to make. While you might do it regularly, and avoid police or accident, there’s no saying when that luck might run out. Therefore, turning the tide for yourself might be the difference between hurting yourself, someone else, or getting a DUI. 

Becoming More Aware

Lastly, and a strong one to consider, is getting becoming more aware of your surroundings. Many of us function by using a GPS on a daily basis. Maybe you know your direct area, but not much more than that. Therefore, when the GPS dies, you might find yourself stranded. Consider taking a few hours on your next weekend off, and driving around your city. Get familiar, and become a better driver in the process. Being better aware of your surroundings is one of the best New Year’s Resolutions you can make…

Common DUI Misconception: The Effect of a 0.08% BAC

The number 0.08% is important in South Carolina DUI (driving under the influence) prosecution.  That is true.  However, the state of South Carolina can and will aggressively prosecute a DUI against an individual who had less than a 0.08% blood alcohol content (BAC).

The state will do this because DUI requires, not a 0.08% BAC, but

  1. presence of alcohol or other intoxicating substance in the body, and
  2. impairment of ability to drive safely.

If an individual is physically impaired at the time of arrest, as evidenced in the police car video, the audio recording, or the officer’s testimony, a jury can, and some juries will, convict individuals who blow far less than a 0.08%.

The SC DUI Attorneys of Reeves, Aiken & Hightower

No matter what your blood alcohol concentration was, if you have been charged with DUI, you need experienced DUI representation.  At Reeves, Aiken & Hightower, you can trust that you will get the representation you deserve from attorneys with extensive DUI experience.  When you need help, call us at 877-374-5999, or contact us at this link, for a free, private consultation.

 

Action 9 News Makes Inappropriate Election Year Attack on the Judiciary

News channel Action 9 continued the media onslaught on the independence and fairness of the judges yesterday by openly questioning the judgment of Judge Kimberly Best-Staton. Characteristic of attacks on judges, the story focuses on simple results, rather than fair application of the law.

Apparently, police officers and state troopers had come to the Action 9 Investigative team to complain that a local judge was being partial to defendants accused of DWI.  The Action 9 Investigative reporter Mark Becker then aired a story based on these ill-defined complaints, some inflammatory statistics, and two pieces of anecdotal evidence.  DWI prosecution is like all criminal prosecution complicated.  When a person’s liberty and rights are at stake, Americans should and do take due process of law seriously.  This supposed investigative journalism failed to do that by ignoring the complex, interrelated issues at hand.

True “drunk driving” is a problem in Mecklenburg County, but that is no reason to sidestep the law and individual rights.

The story showed a fundamental lack of respect for the law and individual liberty with opinion questioning Judge Best-Staton’s “judgment,” instead of whether she was applying the law fairly to each case.  The story never attempts to give the public an explanation of why the judge’s judgment was being questioned, and the story failed to give an example of where the judge did not apply the law.

The evidence presented that was supposed to be so fatal to the “judgment” of Judge Best-Staton was that so far this year she found only 33% of those accused of DWI brought in front of her guilty.  The story ignores the innumerable reasons why defendants are found not guilty and the individual cases brought to her.

The public might have rightly wondered whether Judge Best-Staton was fairly applying the law, but Action 9 certainly didn’t tell them.

What we really have here is a mind set where principles of “innocent until proven guilty,” “adherence to the law,” and “liberty” are being disregarded in favor of crass embrace of judicial activism when it would allow more individuals to be found guilty, especially of pet crimes like DWI.

For what it’s worth, let’s remember that it is not a crime to merely be charged with DWI, nor is it a crime to merely have a wisp of alcohol in your system when stopped.  When a judge finds an individual not guilty of DWI, she may just be doing justice.

The DWI Lawyers of Reeves, Aiken & Hightower

If you have been charged with a DWI or any other crime, contact the attorneys at Reeves, Aiken & Hightower.  Review our credentials, make sure that we are right for you, and call us at 877-374-5999, or contact us here, for a private consultation.

Rock Hill Felony DUI Sentence Includes Report on Book of Job – SC DUI Attorney

On July 1, Circuit Court Judge Michael Nettles included in Cassandra Tolley’s sentence an unusual task: the defendant must do some bible study, a report on the Book of Job.  Tolley had pled guilty to Felony DUI.  She was heavily drunk (0.33% Blood Alcohol Content) back in November when she crossed the yellow and seriously injured two men in York County.

In addition to writing a report on the Book of Job, Tolley is sentenced to 8 years in prison followed by 5 years probation.

The unusual part of this all around tragic story, the fact that a York County judge would include in a criminal sentence a religious task, apparently is not unconstitutional.  As it turns out, since the task of penitence was included in a plea deal, and thus Tolley consented to it, it is not an unconstitutional religious imposition.

According to the Rock Hill Herald, the idea for the report on Job came not from the bench, but rather from New Vision Free Will Baptist pastor Daggett Duncan.

Rock Hill DUI Attorneys

If you have been charged with a DUI or any other crime, contact the attorneys at Reeves, Aiken & HightowerBrowse our website, and compare our credentials with those of attorneys at any other firm.  Then, call us at 877-374-5999 or contact us at this link for a private consultation.