Oct 29, 2013 | Criminal Defense, DUI & DWI, General, Uncategorized
The Rock Hill Police Department had their patrol cars put to the test early Sunday morning when they were forced to chase a suspect down by vehicle.
Apparently, the officers were simply practicing a routine patrol in downtown Rock Hill when the turned down East Main Street a little after midnight.
It was at that point that they saw a gray 1990 Buick that had a paper tag and no headlights on at that time of night.
It was at that moment the police beleived they were to pursue a routine traffic stop, flipped on their blue lights, and begin to follow the car.
The car moved over tot he right side of the road, and the officers thought the car was actually stopping, but instead, the car sped away and turned down numerous streets before the police finally apprehended the defendant on Flint Extension, after the car had crashed into a telephone pole.
After the 45 year old defendant crashed, he jumped out of the vehicle and began to flee on foot from the police. He was eventually found hiding behind a shed on Marshall Street.
His ultimate charge was failing to stop for the blue light, and driving under a suspended license.
According to South Carolina Law, under Section 16-23-10(4), if you flee from a police officer, you will be considered to be a ” fugitive from justice.” A fugitive from justice” means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.”Section 16-23-10(4).
In other words, the defendant willbe considered to be a fleeing felon, or a fugitive from justice because he ” ran from the blue light.”
If you, or someone you know has been charged with a similar crime, contact the law offices of Reeves, Aiken, and Hightower,LLP toll-free at 877-374-5999 for more information.
Oct 22, 2013 | Car Accidents, Criminal Defense, Personal Injury, Uncategorized
If you are in an automobile accident and suffered personal injuries, where you have been rear-ended by another vehicle it is likely that you believe it is the other driver’s fault. It is true in most cases that if you are rear-ended, the driver of the vehicle is at fault because the majority of the time these collisions occur as a result of following the vehicle too closely, or not paying attention to changing traffic conditions.
However there are some exceptions to this rule and if you happen to rear-end someone you may not be at fault.
If the driver who was rear-ended was driving recklessly or intended to cause an accident that driver may be found at fault. For example, take a situation where someone rear-ended another vehicle, and the driver of the vehicle stated that he knew the other driver who was following him was too close so he slammed on his brakes with the intent that the driver would rear-end him.
In this case, the driver would have stated matter of factly that he knew that if he was rear-ended it would not be his fault. This is not the case. The driver who was rear-ended in this case was cited for reckless driving and could now be on the hook for damages to the driver who rear-ended him.
Another exception to this rule is a multi-vehicle collision. If more than two cars are involved in an accident in which a single vehicle rear-ended one vehicle and it resulted in a line of vehicles rear-ending each other than the driver who initially hit is likely to be liable.
For example, if there are two cars stopped a red light and a third vehicle does not brake in time and hits the second vehicle which in turn causes the second vehicle to hit the first, then the third vehicle will be liable to both drivers he hit.
If you are in an accident in which you are rear-ended or if you rear-ended someone else you need to learn what your options are. You may not be at fault and need to contact an attorney who has experience dealing with automobile accidents and personal injury will work hard on your case to get you what you deserve.
The attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been in accident in South Carolina. We encourage you to call us toll-free at 877-374-5999 for a private, confidential consultation to discuss your options on your injuries you have sustained.
Oct 8, 2013 | Criminal Defense, DUI & DWI, Uncategorized
In South Carolina, if a driver is pulled to the side of the road and suspected of DUI, the police may no longer administer a breathalyzer test without a warrant, or consent in the majority of cases.
A recent Supreme Court ruling has decided that a man, who was given a blood test without his permission or a warrant, was not to be charged after evidence of the breath-test was offered. Two lower courts tossed out the evidence, which is why the case was brought before the Supreme Court. The SC upheld the lower court’s ruling that the dissipation of alcohol in someone’s blood stream was not sufficient to override the requirement that police get a warrant before subjecting that person to a blood test.
In this particular case, the driver was pulled to the side of the road after the officer observed the man speeding and swerving.
When the officer approached the car, he found that the man had been charged with two previous drunk driving incidents. The man also failed several field sobriety tests, and after he refused to submit to the breath-test, the officer drove him to the hospital to give the man an official blood test.
However, the man had never agreed to do so, and the officer had never obtained a warrant. While, in the State of South Carolina, officer testimony regarding a driver’s intoxication is permitted, the problem in this case is that the officer used the tainted breath-test evidence. All of the courts here found that the evidence was inadmissible.
If you or a loved one has been charged with a DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-374-5999.
Oct 3, 2013 | Criminal Defense, DUI & DWI, General, Uncategorized
According to recent studies coupled with new South Carolina Car Insurance Laws, there are 246 different ways to insure your vehicle, but only 7 companies will award you lower rates if you drive your vehicle less than 25 miles per day. Even fewer of them will give you a discount if you have never been charged or convicted of a DUI; but they are out there if you look.
Have you ever noticed that there are some places that if you pay for your purchase in cash, you will get some sort of discount? You probably went to this place 100 times before someone told you to “ask for that 10% discount they always give me when I pay in cash.” Well, insurance companies are the same way. They are not going to list the amount of discounts you can obtain without you asking. So when you are searching for someone to insure your vehicle, know what to ask for.
Some important factors that may lower your rates are the following: clean driving record; less than 40 miles a day; if you haven’t been involved in an auto accident for over a year; if you are over the age of 25; if your car has airbags equipped in it; and lastly, some will award discounts if you have never been convicted or charged of a DUI.
That’s right. Just like you get punished for driving while intoxicated, some insurance companies will reward you if you don’t drink and drive.
What is important to note is that each state and insurance company is going to have a different policy or “so called bundle” available to help lower your rates. Unfortunately, the only way to truly find the lowest rate is to research each company on your own.
We at Reeves, Aiken, and Hightower,LLP hope that you found this information helpful. Often times we struggle with Car Insurance companies and the policies our clients have submitted themselves into prior to being involved in an auto accident.
If you have been involved in an auto accident, let us deal with the insurance companies for you; as you have enough on your plate by simply recovering from your injuries. Contact us today toll-free at 877-374-5999.
Oct 3, 2013 | Criminal Defense, General, Uncategorized
The answer can be found in SC SECTION Code 56-5-750; failure to stop motor vehicle when signaled by law-enforcement vehicle.
Accordingly, the statute states that unless there are other mitigating circumstances, such as a man driving his wife to the hospital when she is in labor, then when a person fails to stop on any sort of road, highway, or street for a law enforcement officer of vehicle by means of flashing lights or sirens, he is guilty of the aforementioned crime. SC SECTION Code 56-5-750(A)
Moreover, if the defendant increases his speed after the police lights have been turned on, it is considered a prima facie case of “failure to stop,” and can be a misdemeanor or felony depending on the circumstances. Failure to see the flashing light or hear the siren will not be considered an excuse for a failure to stop. “when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. ” Id.
If it is just the persons first offense, and there is no great bodily injury that occurred due to the violation, the person will be found guilty of a misdemeanor and must pay a fine of $500 or go to prison for no less than 3 months, and no more than 3 years. Moreover, the defendant’s license will be suspended for at least 30 days. Id.
However, if it is the second or subsequent offense, and no great bodily injury occurred, then the person will be guilty of a felony, and will be imprisoned for no more than 5 years. When they are released from prison, their license will be suspended for one year thereafter.
If you or someone you know if found to be guilty of “fleeing from the police,” contact the criminal defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free 877-374-5999 for more information.
Oct 1, 2013 | Car Accidents, Criminal Defense, Uncategorized
The answer to the question is yes, you can be criminally charged when you leave the scene of an accident that you are involved in.
In the state of South Carolina, it is a misdemeanor, and perhaps a felony, to leave the scene of an accident after being involved in one.
If the accident is a minor one, then you will probably just be charged with a misdemeanor, unless there has been serious bodily injury or death. The only exception for leaving the scene is in the event you did so looking for emergency attention. You must then return to the scene with the other victim involved.
In that event, you will be charged with a “felony leaving the scene of the accident,” with fines ranging anywhere from $5000 to $25,000, and up to 25 years in a federal or state prison. These penaltites are typically tacked on when a person is subsequently being charged with reckless homicide or felony DWI.
It is important to know that when you do contact an emergency entity, you are being recording, so under such circumstances, you should monitor your excited utterances. You may or may not be the cause of the accident.
Whether you are the victim in a personal injury suit, or whether you are the person at fault and allegedly being called the defendant, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free for 877-374-5999 for more information