The answer to this question is a resounding YES. In South Carolina, a person is guilty of DUI if he or she drives a motor vehicle within the State under the influence of “any drug, combination of drugs, or combination of drugs and alcohol to the extent that the person’s faculties to drive were ‘materially and appreciably’ impaired.” S.C. Code Ann. § 56-5-2930(A) (West 2009)
In South Carolina, the implied consent laws apply. Therefore, a person who drives a motor vehicle in the State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving the motor vehicle while under the influence of alcohol, drugs, or a combination of both. S.C. Code Ann. § 56-5-2950(A) (West 2009)
- Further, the DMV in South Carolina MUST suspend the driver’s license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a blood test. S.C. Code Ann. § 56-5-2951(A) (West 2009)
- The accused has the right to have a qualified person of his own choosing conduct additional independent tests at his expense. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer. Id. §§ 56-5-2950(B)(3),(D).
- First offense – fine of $400 or imprisonment for a period of not less than 48 hours, nor more than 30 days; Or minimum of 48 hours of public service; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(1).
- Second offense – fine of not less than $2,100, but not more than $5,100 and imprisonment for a period of not less than 5 days, but not more than 1 year; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(2).
- Third offense fine of not less than $3,800, nor more than $6,300, imprisonment for a period not less than 60 days nor more than 3 years; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(3).
- Fourth and subsequent offense – imprisonment for not less than 1 year nor more than 5 years; offender required to complete an Alcohol and Drug Safety Action Program. § 56-5-2930(A)(4).
So, if you or a loved one has been arrested, and your arrest falls under the purview of any of these laws and penalties, contact the law offices of Reeves, Aiken & Hightower, LLP toll-free at 877-374-5999 for a confidential consultation.
Fort Mill and Charlotte Mecklenburg’s Police Departments have banned together to arrest a North Carolina homeless man living in the woods near the ever-popular Carowinds.
Carowinds is unique as far as jurisdictional issues goes, because it lays right on the boarder of North and South Carolina, with half of the park in one state, and the other half in the other.
According to the arresting deputies, the homeless man was seen drunk in public while he was attempting to panhandle at a convenience store. When the officers requested him to cease and desist, he refused to do so, allowing the officers to arrest him.
The officers were alerted of this mischief late Wednesday night, when a clerk at a convenience store called in and said the homeless man was begging for money on Carowinds Blvd, even at the entrance into the park.
By the time the officers arrived, the 52-year-old man was sitting on a stack of empty beer bottles. He told the police that he had never been asked to leave, and denied ever carrying a sign.
When the defendant stood to hit feet, he could not remain stable without holding onto the top of the officer’s patrol car.
The defendant has been charged with public intoxication, public disorderly conduct, as well as trespassing. He is currently being held at the York County jail with a minimum bond of $732.50.
If you, or someone you know has been charged with any sort of drinking offense, whether it be public intoxication or a DUI, contact the experienced attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999. Everyone deserves a proper defense. Call us today to schedule a free consultation.
A woman from Rock Hill was found in her car by witnesses who say she was trying to spray herself in the face with Ultra Duster, an over-the-counter computer cleaning spray that some people use for huffing purposes. The woman claimed that she was blowing the dust cleaner in her face because she claimed to be hot and hypoglycemic.
A witness reports that she viewed a 50-year-old woman sitting in a sports utility vehicle about ten feet from an intersection near the Wal-mart. She had her hazard lights flashing, and was forcing cars to move around her. Further, according to the police report, the witness returned with her boyfriend just a while later to see the car parked in a driveway nearby.
When the couple approached the vehicle, they report that the woman was “rolling her head” holding a can of Ultra Duster upside down as she attempted to spray it into her face. The witnesses thereafter called the police; they report that while they were waiting a person drove by and stated that the woman “huffs a lot of paint.”
When officials arrived at the scene, the woman reported to deputies that she was “hot and dizzy.” The woman also told the police that she blew the spray in her own face because her car was low on gas, and she did not want to use the air conditioning. She also stated that she sprayed the can to calm down, and that she suffers from hypoglycemia and depression. However, no snacks were present in the car to indicate attempts to recover from decreases in blood sugar.
The confused woman was charged with unlawful use of aromatic hydrocarbons after two cans of Ultra Duster were found discarded. The woman also faces littering charges. When the woman’s husband arrived, he informed police that the wife had problems with inhalants in the past. Further, court records indicate that two counts of unlawful use of aromatic hydrocarbons were dismissed against the woman three weeks ago.
If you or a loved one has been charged with a crime in North or South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP. For a confidential consultation, call our Fort Mill, South Carolina office at 803-548-4444, or our Charlotte, North Carolina office at 704-499-9000.
A man, who told police that he was home from college, spent the evening in jail after authorities found several knives, brass knuckles, and a machete in his car. This incident occurred around 10:00 a.m., when police stopped a silver Honda Civic on Dave Lyle Boulevard after it ran off the road and struck a tree. The 19-year-old driver attempted to reach the drivers door pocket before police ordered him out of the car. He was then detained in handcuffs, and when police explored the vehicle, they noticed the smell of marijuana.
The young man told police that there was a marijuana pipe and a grinder in the car; and further, after searching the car, they also located three types of knives, a package of rolling papers, five pieces of chemistry glassware with a makeshift hose and Keck clips in the truck, a set of brass knuckles and a marijuana smoking device. A 10-inch machete was also found in the trunk, according to the report.
The 19-year-old told the officers that he used the glassware to make a Hookah for marijuana smoking use, and he said that the weapons were in the car because he recently returned home from college in Charleston, and he always keeps weapons in his car while in Charleston. He is being charged with simple possession of marijuana, and unlawfully carrying weapons.
If you or a loved one has been charged with a crime in South Carolina or North Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP. You can reach our North Carolina office by calling 704-499-9000, and our South Carolina office at 803-548-4444.
A group of teenagers and young adults were cited with underage drinking, while another man was charged with drug possession after deputies ran into a party in Rock Hill this past Saturday. This occurred after midnight when deputies were called to Alpha Street, just off Ebenezer Road, after reports about a large house party. Further, according to the police report, several teens were seen running into a wooded area near the house.
For the teens and young adults who were captured, police issued courtesy and juvenile summons; the kids were aged 15 to 20 years old. While carrying on the investigation, a deputy learned that there might be marijuana inside a silver Honda parked in front of the house. When police approached the car, they found a man asleep inside.
The young man reported to deputies that he was the designated driver for the night and did not consume any alcohol. However, deputies thereafter searched the car and found a marijuana grinder, a glass jar of marijuana, two metal tubes, and a glass bong inside a leather bag in the glove compartment. Police arrested him for simple possession of marijuana.
If you or a loved one has been charged with a drinking related, or drug related crime in Rock Hill, South Carolina, or anywhere else in the region, contact the law offices of Reeves, Aiken & Hightower, LLP. You can contact our Baxter Village office located in Fort Mill South Carolina for a confidential consultation at 803-548-4444, or toll-free at 877-374-5999.
Charlotte-Mecklenburg police recently set-up a checkpoint along the 6600 block of WT Harris Boulevard near Harris Center Drive in northeast Charlotte. The police were very productive in the amount of charges that were garnered as a result of the checkpoint with a staggering ten DWI’s in one night. Other charges include twelve charges for people who were driving with their license revoked, seventeen for not carrying their operator’s license, two without insurance, three people for drug charges, and one was even found with a gun. The total number of charges was an incredible seventy-two.
Courts within the State of North Carolina, as well as throughout the United States have found that it is in the public’s best interest to allow checkpoints to find intoxicated drivers as well as those committing various offenses. However, there are some limitations with how officers may conduct themselves, and this can sometimes result in a dismissal or mitigation of a charge.
Therefore, if you have been charged with a DWI or another crime at a checkpoint, contact the law offices of Reeves, Aiken & Hightower, LLP at our Charlotte, North Carolina office. For a confidential consultation, contact us at 704-499-9000, or toll-free at 877-374-5999.