Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. The crash occurred in Spartanburg,
and troopers say that the 64-year-old woman was driving south when she flew off the road, hit a tree, and killed her 59-year-old passenger.
She was arrested and charged with felony driving under the influence, according to the troopers. She is being detained at the Spartanburg County Detention Center, while the crash continues to be investigated by the SC Highway Patrol.
Felony DUI charges usually apply when a DUI offense has been accompanied by an accident which resulted in great bodily injury, or the death of another driver, or passenger. If a person is being accused of committing such a DUI offense, it is likely that the charge will result in a felony. Under South Carolina Code 56-5-2945, “great bodily injury” is defined as “any bodily injury that either causes great risk of death, or causes serious permanent disfigurement to any part of a person’s body.”
One who has been charged with Felony DUI as a result of the death of another driver or passenger will likely face even more serious charges. In the state of South Carolina, there were over 300 fatalities in 2011 involving drivers with blood alcohol concentrations over the legal limit. This makes up about 40% of the traffic fatalities in the state.
A person who has been charged with DUI resulting in “great bodily injury” may face 30 days to 15 years in prison, fines between $5000 and $10,000, and drivers license suspension during the jail-time in addition to three years.
Next, if the driver being charged has been involved in a DUI resulting in death, they may spend 1 to 25 years in prison, be assessed a mandatory fine of $10,000 to 25,000, and license suspension during the jail-time plus 5 years.
The following is the statute that speaks to DUI resulting in “great bodily injury:”
56-5-2945. Offense of felony driving under the influence; penalties; “great bodily injury” defined.
(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence and, upon conviction, must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.
(B) As used in this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The Department of Motor Vehicles must suspend the driver’s license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a period of incarceration plus three years for a conviction of Section 56-5-2945 when “great bodily injury” occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently.
(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
The moral of the story here is that South Carolina does not take it easy on DUI offenders. The State is especially tough on Felony DUI cases. Therefore, it is imperative for you to retain a competent lawyer to handle your case. At the law offices of Reeves, Aiken & Hightower, LLP we have over 75 years of combined experience in assisting clients with concerns and problems. Give us a call at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Apr 17, 2013 | DUI & DWI, Felony DUI, Uncategorized
The South Carolina Highway Patrol has reported that a 22-year-old woman, who was traveling
the wrong way on the westbound land of US 76 caused a collision with a 20-year-old male driver. Both drivers were brought to the Medical Center in Florence, South Carolina.
The woman is being charged with Felony DUI; however, she has not been booked yet due to the fact that she remains in the hospital. She was found to be traveling under the influence, and will be charged with Felony DUI because she caused great bodily injury to the other driver.
DUI fines and penalties in South Carolina vary with regard to whether the driver was a repeat offender; whether the person’s blood alcohol level is beyond a .16 or higher. In South Carolina, by a person’s fourth DUI, they will likely lose their license. However, South Carolina, as well as most other states is beginning to stiffen their DUI penalties. Many drivers, who are repeat offenders, or who have been charged with an aggravating DUI charge are forced to put ignition interlock systems in their vehicles; and, this is at their own expense.
Due to the often changing DUI laws in the state of South Carolina, it is very important for one who has been charged with a DUI to retain competent counsel. At Reeves, Aiken & Hightower, LLP, we have a combined 75 years experience and can help to resolve your problem to the best of our abilities. For a consultation, give us a call at toll-free 877-374-5999, and we will be happy to assist you.
Apr 17, 2013 | DUI & DWI, Felony DUI, Uncategorized
South Carolina State Troopers have detained a woman who they allege hit and killed a man with her
vehicle. The 53-year-old woman is being charged with felony DUI involving death. The 26-year-old victim was struck by the vehicle around 10:00 p.m. on Highway 321 near Columbia, South Carolina.
The Dodge Stratus collided with the young man as he was walking along the median along the highway. He was taken to Palmetto Hospital where he died around 3 hours later from the injuries he sustained in the accident. The woman is being detained in Richland County Correctional Facility with a charge of felony DUI.
If you or a loved one has been charged with DUI or Felony DUI, the State of South Carolina imposes some serious consequences. Further, if the Felony DUI results in death, this could bring a sentence of up to 25 years if a person is convicted. Therefore, call the law offices of Reeves, Aiken & Hightower, LLP if you have a question regarding a pending DUI charge in North or South Carolina. Call us toll-free at 877-374-4444.
Apr 16, 2013 | Car Accidents, DUI & DWI, Felony DUI, Uncategorized
A man was killed in a single-car accident on Saturday, March, 2; and, another early-morning car accident resulted in power outages and a
gas leak. The first man who was killed died after a wreck on Farrow Road at about 4:00 a.m. His vehicle flew from the road at an excessive speed, broke through a utility pole, and ran into a tree. He died at the scene.
The second accident, which occurred on the other side of town, resulted in a 47-year-old man striking a power line cable and a gas line causing power outages in the area, according to the Columbia Police Department. The roads were closed while the repairs were made, and the man was charged with driving under the influence of a controlled substance, driving on a suspended license, and operating an uninsured vehicle.
Generally drivers who occupy the roads in the very late evening, or early morning are either working the night shift, visiting someone in the hospital, or unfortunately oftentimes are driving under the influence. It is generally good policy to stay away from the roads, if possible, in the extremely early morning hours. If you happen to be intoxicated, there is an increased likelihood that you will be stopped by the police, and if you are not intoxicated, you may be more susceptible to become a victim of a drunken driving accident.
At Reeves, Aiken & Hightower, LLP, we recommend that you never get behind the wheel of a vehicle while intoxicated; also, we recommend to never get in a car where the driver has been drinking. The likelihood of something terrible happening as a result is vastly increased, and you do not want to become part of the increased DUI, and DUI related accident statistics in South Carolina.
If you or a loved one has been charged with a DUI, or Felony DUI, we can help you. Call our Baxter Village law office located in Fort Mill, South Carolina at toll-free 877-374-5999. However, in the meantime, be careful on the roads!
Apr 15, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 52-year-old woman has been charged with driving under the influence (DUI) after speeding through a school-zone. In the statement she gave to the police, the woman asserted that she was attempting to get her son to school on time. The woman was pulled over after clocked by an officer driving 40 m.p.h. in a 25 m.p.h. zone.
After the officer flicked on the blue-lights signaling the woman to pull over, she led them down several streets before finally putting her vehicle to a stop. Police say she failed several sobriety tests, eventually refusing to take a breath-test. She reported to the officers that she drank too much the night before and had no food in her stomach that morning. Beer cans and mouthwash were found in the minivan.
The woman was charged with failure to stop for a blue light, child endangerment, and driving under the influence. Therefore, the moral of the story is do not drive the morning after a long drinking night. However, if you or a loved one do get charged with DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or toll-free at 877-374-5999.
Apr 15, 2013 | DUI & DWI, Felony Drug Possession, Felony DUI, Uncategorized
The fiancé of a murder victim has expressed outrage at the possibility of the most recently proposed “felon bill” being accepted. The man’s soon-to-be wife was murdered at a local restaurant, and he has stated that he is very upset about the proposal making its way up to the State Legislative Building in the State Capitol.
The man’s fiancé was stabbed over 20 times inside a restaurant by a colleague. She was pregnant at the time of the murder, and the assailant pleaded guilty to both murders. He will be serving two consecutive life sentences.
The bill is referred to as the “ban the box” bill, and the proposal would remove the question that inquires into the whether potential employees have been convicted of a felony from city and state applications. However, the state will still be able to conduct criminal background checks on applicants, and the bill does not address private businesses. The bill will be voted on this week, April 18th.
If many states throughout the United States, bills such as this are emerging, and they could give rise to new litigation regarding how far such a proposal can stretch. The law offices of Reeves, Aiken & Hightower, LLP are here to ensure that your rights
are protected. For a consultation regarding any criminal matter, call us at our Charlotte, North Carolina office at 704-499-9000.
and troopers say that the 64-year-old woman was driving south when she flew off the road, hit a tree, and killed her 59-year-old passenger.
