Jan 21, 2014 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Along with the cold weather and the New Year, you can count on there being an increased number of roadblocks in sporadically placed through South Carolina.
Law Enforcement officers target DUI offenders with roadblocks during the end of each month to reach their specified “quota” assigned to them. However, there are several ways to avoid being stopped at a DUI Sobriety checkpoint or roadblock. A few of the more sensible tips are included below.
1. Avoid Obvious Sobriety Checkpoint Locations
DUI Enforcement Police Officers are most likely going to set up their checkpoints where they think they can catch the most offenders. You should realize that federal law does not allow roadblocks on interstate highways so getting to the interstate to avoid a roadblock is common strategy used to avoid being stopped. Keep in mind that police are permitted to set up their checkpoints along main highways or roads that lead to interstate highways so this tactic is not fool proof.
2. If possible, avoid late night locations where there are a lot of bars and restaurants.
These areas generate a lot of police patrol due to the high volume of people and the large amount of people in the area consuming alcohol. It makes sense that police officers want to set up in areas near bars and restaurants that stay open later than all the other establishments because it is a target rich environment.
3. Be aware that police officers sometimes will have “chase” cars stationed at each roadblock location to stop any drivers who turn around from a checkpoint.
These cars will usually be placed in strategic locations so officers can target drivers who blatantly try to turn around or erratically avoid the checkpoint. Unfortunately, police officers often times assume that any driver who turns before a checkpoint is automatically trying to avoid the checkpoint because they’ve been drinking.
4. And, of course, the very best way to avoid being arrested at a DUI sobriety checkpoint is simple: Don’t drink and drive.
This tactic seems obvious but it is honestly the only guaranteed method to avoid any repercussions from a DUI Checkpoint. At the end of the day, it is a much smarter decision to take a taxi or get a ride from a designated driver.
If you have been arrested for a DUI because of a DUI Checkpoint or DUI Roadblock it is critical that you hire an attorney with experience fighting these types of cases. The consequences of a DUI conviction are greater than they ever have been before. So make sure you have an attorney who is aggressive in representing you.
If you have been charged with a DUI or have been arrested at a DUI checkpoint, contact the attorneys at Reeves, Aiken & Hightower, LLP. Contact us toll-free at 877-374-5999 or contact us at this link for a private consultation.
Jan 15, 2014 | Car Accidents, Criminal Defense, Personal Injury, Uncategorized
A 20-year-old Orangeburg man, suspected of driving under the influence, was arrested after a fatal crash in Orangeburg County. Police report that the man was driving along Riverbank Drive at around 1:00 a.m., and while attempting to pass another vehicle, they collided with each other. The 19-year-old driver of the other car was killed in the accident, and the other two passengers were taken to the hospital. The alleged responsible driver did n
ot receive any injuries in the accident. While the man faces two counts of felony DUI, he also may face civil penalties.
In the state of South Carolina, the rule for personal injury law follows the Comparative Negligence standard. Here, even if a plaintiff is partially negligent, that plaintiff can still recover if their negligence does not exceed the negligence of others. The recovery will, however, be reduced in proportion to the plaintiff’s negligence. The major question in South Carolina is whether 50% or 51% passes the threshold for allowing negligence recovery.
The rule in South Carolina is that the plaintiff’s negligence must not exceed that of the defendants. So, in a case where a jury determines that the plaintiff and the defendant split fault exactly 50-50, the plaintiff will receive 50% of damages. If the plaintiff is the least bit more at fault than the defendant, the plaintiff is barred from recovery. This rule is called the 51% bar. In a multi-party lawsuit, the plaintiff’s negligence must not exceed the combined negligence of the defendants. So, even if there is no defendant individually responsible for the 51% negligence, the plaintiff’s claim is not barred.
This is a much easier bar than North Carolina. North Carolina adheres to the Contributory Negligence standard which states that if the plaintiff is found to be 0.00001% at fault, his claim is barred. Here, a North Carolina case may prevail on the fact that the driver was “reckless, willful, and wanton.”
If you have been injured in an accident in North or South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-347-5999.
Jan 8, 2014 | Car Accidents, Criminal Defense, Trucking/Tractor-Trailer Accidents, Uncategorized
Three people were seriously injured when a tractor-trailer and car collided on Interstate-77 last month.
In late December, a car and tractor-trailer were involved in a deadly crash that seriously injured three individuals.
The accident occurred on May 2nd, right on the North Carolina and Virginia border on Interstate 77, which connects Columbia, SC to Ohio, by way of cities including Charlotte. This is a very typical spot for accidents to occur due to the curving roads that bind the two states.
According to the police reports, driver of a small sedan lost control of his vehicle and crossed over into the fellow driver’s lanes. Particularly, he crossed the path of a FedEx truck/tractor-trailer, who was making a haul to Harper’s Ferry at the time.
Upon impact, the tractor-trailer caught fire and burst into flames. It is believed it may of had some hazardous materials inside. The Hazmat crew was called to the scene immediately.
Luckily, nothing leaked out of the containers in the tractor-trailer,so the flames were able to be contained. The crew took about 4 hours to clean up the debris; blocking two of the four lanes on the highway.
One of the driver’s was taken to the closest hospital via helicopter, while the paramedics drove the other two injured parties to the hospital by ambulance.
Large commercial “big rigs” or “18-wheelers” are the biggest, heaviest vehicles permitted on our nation’s highways. Because of their sheer size and weight, they can become unstable at highway speeds unless all rules are strictly followed. If not, “accidents” occur and almost always results in serious injury and/or death.
Both State and federal agencies have tried to minimize the risks by enacting extensive regulations for the trucking industry. Nevertheless, many trucking companies and private drivers still refuse to follow basic safety and maintenance rules that have been put in place. With the difficult economy, there has been less demand for trucking combined with higher fuel prices.
As a result, routine maintenance is delayed, and drivers are pressured to get their loads to their destinations quickly, no matter what. As a result, truckers are forced to drive longer and perform vehicle maintenance only when absolutely necessary just to survive. The fatigue that the truckers experience is exponential when determining who is at fault
If you have been injured in a similar action listed above, contact an attorney as soon as possible to hear your possible rights. For more information on serious tractor-trailer accidents and injuries, contact the tractor trailer accident attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information.
Jan 8, 2014 | Child Accidents, Criminal Defense, Uncategorized, Wrongful Death
Some states will allow immunity between husband and wife, parent and child, or any other type of familial relationship when it comes to domestic relations.
However, accordingly, South Carolina will give NO familial immunity to any crimes against the person or against their property. In other words, just 
because your family member committed the crime against you or your property, does not mean that you can not bring a case against them. Take for example, a case where there has been domestic abuse by one spouse against another. Not only can the state press charges, but through state law, the victim is also allow to sue for civil battery is he/she so chooses.
For crimes against the person- there is no family immunity-
There are no general principals of immunity that would apply in criminal prosecutions of parents and spouses for crimes against any other family members. Under old common law, a man could not be prosecuted for raping his wife, as they have engaged in intercourse previously. This is no longer the rule in South Carolina, any most states. The rule is now that there is no “marital exception,” that still applies, and a man can be charged by wither his wife or the state for domestic abuse in the form of any type of violence, including rape.
Moreover, South Carolina has a specific statute that deals with this “spousal sex battery,” as it is referred to it in the South Carolina Code. According to SC 16-3-615., “ it is required that there is a physical manifestation of force or violence needed to overcome the victim. This offense is exempted from rape shield statute. This means that South Carolina goes one step further, and adds an additional element, requiring that there be mens rea( the requisite mental state) to actually force your wife. The purpose of this statute is to prevent rambunctious husbands and wives from later claiming rape if they had been rough in the past.
For crimes against property- there is no family immunity-
Again, there is general principle of immunity that applies to criminal prosecutions for parents and spouses for crimes against property of family members. For example, if there were a case where an estranged husband broke into his estranged wife’s home that he no longer lived in, and burglarized it, he would and could be prosecuted by the state for such a crime, with no immunity protection whatsoever.
Domestic Relations in South Carolina can be tricky and complicated. If you have been charged with a domestic relation crime, contact the law offices of Reeves, Aiken, and Hightower, LLP. Mrs. Bea Hightower has been a child’s advocate for over 20 years, as well as a guardian ad litem. If there is domestic abuse in your South Carolina home, contact us toll-free at 77-374-5999 for more information.
Jan 3, 2014 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Prior to the 2013 decision made by the Supreme Court of the United States, a warrant was not needed anytime someone refused a breathalyzer test or the intoxilizer at the police station after being arrested for a DUI.
Driving on our thoroughfares is considered a privilege and not a right. Thusly, if you refuse to take a breath test or the dreaded ” breathalyzer,” you are subject to having your blood drawn at your expense. This cost is usually roughly $1,000 or more.
However, since the latest decision b the Supreme Court in 2013, the court held that if it is practical to do so, then a warrant is now required before a blood sample can be taken from a DUI arrestee. What the court means by saying, ” if practicable to do so,” is simply that if there is time to get a warrant through all the proper protocol ( probable cause, neutral and detached magistrate with facts pleaded with particularity, etc.), then the officer should do so.
This is actually a simple concept. For example, if a person refuses to take the breath test, then the implied consent laws kick in, and either way, they must be submitted to a blood test or some other form of taking the person’s BAC level. Now the officer and the detainee in the back of his police car probable have anywhere from 10-30 minutes prior to reaching the intoxilizer station. This is plenty of time to get a valid warrant.
By making this rule, the Supreme Court has helped both sides of the spectrum. From the prosecutorial side, needing a warrant only solidifies their case when blood is drawn. However, it also helps the criminal defense side immensely, because, without the proper warrant, no blood can now be taken, which gives criminal defense attorneys more room for argument.
This law is very new and has just recently been enacted at the start of this year. If you find your blood being drawn without a proper warrant after you have been charged with a DUI in South Carolina, contact the criminal defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information
Jan 2, 2014 | Criminal Defense, Personal Injury, Uncategorized, Wrongful Death
In modern terms, a “personal injury,” is most commonly used to refer to a tort action claiming that a plaintiff has endured an injury caused by the negligence of another, called the defendant.
In the opposing side, a “crime,” is something that entirely different that arises when a person has violated either a state or federal law, and now must pay some sort of restitution
to the state for their alleged crime.
A tort action is one that occurs in civil court as opposed to criminal court. To be a tort and not a crime, the plaintiff will sue the defendant personally, sometimes jointly and severally with another defendant, for damages due to the injury. The plaintiff, if found to be in the right; will recover monetary damages from the defendant for the defendant’s actions.
On the converse, when a person is charged with a crime instead of a tort, they are considered to be the defendant in the case, and the state serves as the plaintiff for all practical purposes.
The major difference is that when there is a crime charge due to injuries, there is no single person to serve as the plaintiff and earn a reward of compensation; but rather the focus is for the defendant to pay for their malfeasance either through fines to the state, serving the community, or at worst, being incarcerated.
Whether you have incurred a serious personal injury through an accident such as a car collision or the like; or whether you have been charged with a crime by the state of South Carolina, contact the law offices of Reeves, Aiken, and Hightower, LLP directly at 803-548-444 or toll-free at 877-374-5999 for more information on your legal options.
