Dec 31, 2013 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
It’s not uncommon for us to go out with friends or family for a meal and perhaps decide to enjoy a drink. How
ever if you are driving it is important to drink responsibility and know when to stop so you can drive home safely. But how do you know how many drinks are too many to not put you over the legal limit of .08%?
Generally people know what their limit before they are too intoxicated, but some people may feel like they are not intoxicated and yet still be over the legal BAC limit to operate a vehicle.
Your Blood Alcohol Content Level (or BAC) is based upon the amount of alcohol that is resent in our bloodstream while you are enjoying your cold libation. Scientifically speaking, it is calculated by determining the milligrams of alcohol that are present in a portion of your blood.
There are many general guidelines for both men and women based on weight as to how many drinks per hour it takes to reach a certain BAC level that can be found easily on the internet. While this is a good general guideline, the level may vary depending on the particular person, so it is not an absolute science. Other than having a portable breathalyzer to test yourself, looking at a drink/size ration chart may be a good way to estimate how many drinks might be too many before going above the legal limit. The best advice is always not to drink and drive. If you feel that you may be too intoxicated to drive then the best bet is to get a ride home.
However if you are pulled over and arrested for a DUI you need to contact an attorney to review your case. The attorneys are Reeves, Aiken, and Hightower, LLP are experienced in handling DUI cases and have in depth knowledge of complex DUI laws in South Carolina. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999 for more information in our options.
Dec 20, 2013 | Car Accidents, Criminal Defense, License Revocation, Uncategorized
Under South Carolina state law, in order for a driver to obtain a license, either for his first time or for a renewal, he must first certify to the South Carolina Department of Transportation that he has also obtained an automobile liability insurance policy.
You can do so by filling out Form 4477-NC or Form 447-CDL, depending on which type of license you are attempting to obtain. Pleas
e see the SCDOT website to download these forms.
If you don’t own your own vehicle, but still use one for work purposes, you still need to obtain automobile insurance for yourself “personally” to drive others vehicles. This is obviously referred to as “personal automobile liability insurance.” This too can be found on the SCDOT website along with the aforementioned forms.
At any time, an owner may be required to provide proof that the vehicle that they are using is insured. Think about it. The very first time you register your vehicle in SC, or if you renew your registration, you must provide the name of your insurance company to the South Carolina DMV. Thereafter, the SCDMV will verify that you actually do have coverage. If they can not verify that you have insurance, than you may either have your license suspended, revoked, or not receive one at all if it is your first attempt for obtaining a driver’s license.
There are other situations you mind find yourself in where you may be required to show proof of insurance; specifically, when you are stopped by an officer of the law. We have all heard cops ask for ” license and registration please,” upon getting pulled over. If you do not have your registration on you, you may be cited, fined, or even imprisoned.
In the event you are pulled over by an SC officer, and you do not have your registration card on you, then you have 30 days to provide proof of insurance to avoid any further suspension.
Moreover, if you are a new resident in SC, make sure to have your address and license changed with the appropriate authorities within 90 days of residency in the state. If you do not follow this protocol and get pulled over with a South Carolina permanent residency on your insurance card, yet your license is from another state, this could result in a fine and citation as well.
If you have had an incident with being pulled over, and received a hefty fine or citation for not having your driver’s license or proof of insurance on you, then contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information.
Dec 9, 2013 | Car Accidents, Criminal Defense, Uncategorized
We have all heard the infamous story where someone hit a pedestrian and then flees the scene. Or consider the other scenario, where a drunken driver hit another vehicle, and then leav
es the crime scene prior to the police arriving to arrest him. We also all know that the penalties can be severe for these actions, especially if someone suffers great bodily injury or even worse-death.
However, what does the state of South Carolina say when a person hits an unattended vehicle: to common “hitting a parked car scenario.” According to SC SECTION Code 56-5-1240, there are duties the driver involved in an accident, where there is an unattended vehicle, mandatorily imposed on the defendant. S.C. SECTION Code 56-5-1240
Specifically, the statute lays out that the driver of any car while collides with another, while the other car is unattended or parked, shall immediately stop their vehicle and either locate the owner/operator of the vehicle, or leave a conspicuous note. Id.
In other words, if you hit a parked car, you are required by law to leave a note somewhere that the victim can plainly see, such as on their windshield, stating your name, address, how they can contact you, and the circumstances of the situation. Id.
Hitting a parked car while intoxicated, then leaving the scene of the accident is a bad idea; most people do so in fear that they will be arrested. If you have been accused of the aforementioned crime, then contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on how we can help with your case.
Dec 4, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Your Second or Subsequent DUI Offense:
If the event that you have been charged with a second or subsequent DUI, you may be forced to surrender your registration to your vehicle, including the license plates on any vehicles you may own.
If you are then convicted of the subsequent DUI, you can be required to spend anywhere from five to 30 days in jail, pendent on the driver’s BAC level at the time of arrest. In this event, the State’s legislature has now removed the possibility of substituting community service in lieu of a jail sentence for second time offenders.
If it is your second DUI, and your BAC level was .08 or higher, then there is a mandatory jail sentence of at least five days, but it could extend to a full year. The fine for these sentence will be anywhere from $2100 to over $5000.
If the offender’s BAC level is between a .1 and .15, he will face a mandatory jail sentence time of at least 30 days, but it could extend to 2 years. This fine can be over $5,500.
In the event that the BAC level is .16 or above, the offender is going to spend at minimum 90 days in prison, and up to 3 years depending on exterior factors. This fine will be anywhere from $3,500 to a whopping $6,500.
If you have just be charged with your first, second, third, and so forth, then contact the DUI Defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options and possible outcomes.
Dec 3, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Temporary Suspension on your license in SC:
In the state of South Carolina, after you have received six points on your license, you will receive a warning letter from the SCDMV stating that you need to be more careful when driving, or in other words “stop being a reckless driver!” After you receive 12 points, then you may have your license temporarily suspended.
You must immediately surrender your license over the DMV, or else you will be fined heavily and possible placed in jail under contempt until you surrender your license.
The more points that you accumulate after 12, the longer your suspension time will be.
Accordingly, South Carolina dictated the following: “12 -15 points: three months suspension; “16 -17 points: four months suspension; “18 – 19 points: five months suspension, and lastly, “20 or more points: your license will be suspended for six months.”
However, things can still get worse; you may have your license suspended immediately if a certain violation is committed.
Immediate Suspension on your license in SC:
As stated above, certain driving violations will force you to surrender your license immediately over to the DMV or perhaps the arresting officer.
Most of the “immediate suspension” revocations occur when a DUI of some degree has occurred. The SCDMV has listed the following DUIs as violations requiring an automatic suspension/revocation: “1st Offense of a DUI: results in a six-month suspension; ” 2nd offense of a DUI: results in a one year suspension;” 3rd offense DUI: results on a three-year suspension.”
Moreover, of an automobile owner is driving while uninsured, he may have to immediately surrender his license and pay a fee of $550 dollars. In South Carolina, of you fail to obtain an, SR-22 insurance policy (if required), result in a suspension and reinstatement fee $400.
If you are convicted of a DUI or for having too many points on your driver’s license, then you should contact an attorney to help you with the complex system. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
Nov 7, 2013 | Criminal Defense, General, License Revocation, Uncategorized
According to both South Carolina law and the South Carolina Department of Transportation (SCDOT) have agreed that after a dozen (12) points on your license, it shall be suspended. The length of time for each person will be different, according to your previous record, and amount of points previously accrued.
South Carolina states the following for suspension times: “12 -15 points: three months suspension; “16 -17 points: four months suspension; “18 – 19 points: five months suspension, and lastly, “20 or more points: your license will be suspended for six months.”
After you have reached half of the allotted points on your license, which is 6, you will most likely receive a letter from the DMV, “advising you to drive more carefully.” In other words, the SCDMV is warning you that if you continue on the path you are with traffic violations, then your consequences may be grave and your driving privileges could be suspended.
However, after you have obtained 12 points on your license, you are ordered to immediately surrender your license over the DMV. If you do not do so, you will have to pay a large fine or maybe even go to jail.
This is the same response if one refuses to blow into a breathalyzer when they get a DUI. According to the implied consent laws of South Carolina, having a license is a privilege and not a right. Therefore, once you get a license, you have consented to surrendering your license in the event that you refuse to blow into a breathalyzer when pulled over for suspicion of a DUI. If it turns up you are over the legal limit, you will also lose your license.
If you are convicted of a DUI for the implied consent laws of South Carolina, or for having too many points on your driver’s license, then you should contact an attorney to help you with the complex system. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
