Mar 29, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 24-year-old Columbia, South Carolina man is charged with Felony DUI after a car accident that left one person dead. The man was taken from the hospital to the Lexington County Detention Center. The crash occurred around midnight on Meeting Street and Sunset Boulevard.
A felony DUI charged in South Carolina requires that the state prove that the defendant has (1) operated a vehicle under the influence of drugs, alcohol, or both; (2) did something else against the law, such as failed to maintain lane or acted negligently; and (3) proximately causes great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists.
Great bodily injury for the purpose of felony DUI is an injury that “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.” Further, pursuant to the statute, if someone dies of complications within 3 years of a “great bodily injury,” that death would meet the proximate cause standard.
Therefore, if you or a loved one is facing a felony DUI charged based on death or great bodily injury, it is important to know how to approach your case. At the law offices of Reeves, Aiken & Hightower, LLP, our attorneys have over 70 years of experience in dealing with people’s legal problems, and understand the DUI process. Call our Baxter Village office, located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 28, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 33-year-old Lancaster man is facing felony charges after allegedly slamming his SUV into a motorcycle while under the influence of drugs. 
The man who was driving the motorcycle was taken to the hospital after suffering four leg fractures, two broken ribs and a collapsed lung. The driver faces up to 15 years in prison and over $25,000 in fines for DUI resulting in great bodily injury.
A DUI itself can change the life of one who has been involved in such a charge. However, when you add a traffic accident and great bodily injury, or death, the life of everyone involved can turn around in a split second.
If you or someone close to you has been charged with a DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, call our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 28, 2013 | DUI & DWI, Uncategorized
The North Carolina crime laboratory and other local laboratories perform about 10,000 blood toxicology analyses annually. The majority of these tests involve impaired driving cases; and, unlike breath analysis results, many months may pass after one has been arrested for DWI before the state receives a toxicology report analyzing the defendant’s blood.
The reasons for such delays are as follows: (1) That it takes more time for the sample to reach the lab; (2) the testing process itself is more time-consuming than that of a breath-test sample, and; (3) since analysts have to testify about their analyses, they spend less time in the actual lab; (4) finally, there is a higher demand for analysts than there are actual people to fill the position.
Therefore, as the turnaround time for toxicology reports increase, many defense attorneys and defendants have had questions as to how such delays affect a defendant’s right to a speedy trial. Therefore we shall assess the factors a court considers when analyzing a defendant’s motion to dismiss. These factors are as follows:
a. Length of the delay;
b. Reason for the delay;
c. Defendant’s assertion of his or her right to a speedy trial; and
d. Prejudice to the defendant.
These were determined in the court case, Barker v. Wingo, 407 U.S. 514, 530 (1972). This case proposed that when the length of the delay reaches a threshold that is presumptively prejudicial, the court must inquire into the other factors. So, delays that are in excess of one year are considered to trigger this threshold. As stated in Doggett v. United States, 505 U.S. 647, 671 (1992), “the delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.” The fact that a misdemeanor DWI charge is taking up to a year for lab toxicology allows one to take into account the remaining three factors. This is due to the fact that one year is entirely too long.
Further, a deliberate attempt by the State to delay trial in order to hamper the defense weighs heavily against the government as do more neutral reasons such as “negligence or overcrowded courts,” although they weigh less heavily. But, this rests more on the government than on the defendant. The government must, therefore, come up with a valid reason for the delay. This takes place after the defendant has met his burden in establishing that there has been a delay.
The central question in such a circumstance is whether a defendant’s right to speedy trial has been violated by the delay in obtaining toxicology results. In State v. Sheppard, the court found that the defendant’s right to a speedy trial was violated by a fourteen month delay. However, the state in Sheppard weighed a seven month delay before the State received toxicology results “more neutrally,” given that the state “should be given a reasonable amount of time to prepare its case.” But, the seven month delay after the lab report was filed did weigh against the state.
Therefore, the state has a duty to ensure that discovery materials, such as DNA evidence, are properly monitored and accounted for and not simply sitting in state crime labs. So, it seems unlikely in the state of North Carolina, for a defendant to establish a speedy trial violation in a misdemeanor impaired driving case based solely on nearly year-long delays in toxicology reports. As the delays increase, such is weighed more heavily against the state.
The major issue here is that length of time a defendant must wait for toxicology reports may prejudice the defendant if the length of time is greater than one year. Courts seem to be more in the favor of the state; but, when the length of time extends past one year, there is likely an argument. If you or a loved one has been charged with DWI, and have been awaiting the results for an extended period of time, approaching one year, call the law offices of Reeves, Aiken & Hightower, LLP. We have dealt with many DWI cases in the state of North Carolina, and understand how frustrating such a criminal charge can be. For a consultation, call our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 27, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Laurens, South Carolina man is being charged with DUI after a crash that landed seven people in the hospital. The 40-year-old man has been charged with two counts of Felony DUI with great bodily injury, according to the 7th Circuit Solicitor.
The Solicitor said the crash occurred on Highway 221 while the man was driving his 1998 Ford truck, while attempting to pass a Geo at a speed of 70 m.p.h. which was 25 miles over the speed limit. The impact caused the Geo to hit a mailbox, smashed through a tree, finally stopping at a fence. The driver sustained a head injury, while her brother, as passenger sustained a broken shoulder, ribs, and vertebrae.
All in all, the crash injured all 7 people who were involved in the accident. Even the driver was rushed to the hospital. Further, when the S.C. Highway Patrol investigated the crash, the troopers said that the driver of the Ford truck was allegedly under the influence of Valium, OxyContin, and Marijuana.
In South Carolina, a driver can be charged with Felony DUI in South Carolina if, while under the influence of alcohol and/or drugs, that person causes great bodily injury or death to another person while operating a motor vehicle. This is a serious charge, and if convicted, will land the driver in jail. This is why it is so important to have knowledgeable attorneys to ensure your rights are protected and penalties are minimized.
If you or someone you know is convicted of a Felony DUI resulting in great bodily injury, the punishment may include the following:
- A mandatory fine of not less than $5,100, nor more than $10,100;
- Mandatory imprisonment for not less than 30 days nor more than 15 years;
- Driver’s license suspension during the term of imprisonment plus 3 years.
However, if you are convicted of Felony DUI that results in a death, the punishment includes the following:
- A mandatory fine of not less than $10,100, nor more than $25,100;
- Mandatory imprisonment for not less than 1 year nor more than 25 years;
- Driver’s license suspension during the term of imprisonment plus 3 years.
The law further states that no part of these mandatory sentences may be suspended. This is why it is so important for you to have competent counsel on your side. Therefore, if you or a loved one has been charged with a DUI, Felony DUI, or drinking related charge, call the law offices of Reeves, Aiken & Hightower, LLP at our Baxter Village office located in Fort Mill, South Carolina for a consultation. You can reach us at 803-548-4444, or toll-free at 877-374-5999.
Mar 21, 2013 | DUI & DWI, Felony DUI, Uncategorized
Since 2012, South Carolina has laid down new laws, which counts DUI convictions in other states as previous convictions under South Carolina law if they happened within 10 years of the most recent DUI offense. Further, DUI charges are now determined by a person’s BAC, and with this, the new laws carry higher penalties with regard to fines and jail sentences. South Carolina law also requires both first time and subsequent offenders to complete an alcohol counseling program as part of the sentence; further, they will be required to pay for such a program which may cost as much as $2000.
If the offense is the persons first DUI charge, if the person has a BAC or .08% to .09%, he may be facing up to 30 days in jail or 48 hours of community service, and a $400 fine. For a first offense with a BAC or .1% to .15%, the offender may face up to 30 days in jail, or 72 hours of community service, coupled with a $500 fine. However, if the first DUI offender has a BAC or .16% or higher, he or she will face 30 to 60 days in jail or 30 days of community service, with an increased fine of up to $1000.
If the offense is not the person’s first DUI offense, offenders may also be required to surrender the registration and license plates of any vehicles they own, may be required to spend 5 to 30 days in jail at a minimum (depending on the level of BAC). Also, the offender will not be able to substitute community service hours for jail time. With regard to the fines a person is to receive, if the BAC is .1% to .15%, he or she may face up to 2 years in jail, and the fine could increase to $2500 to $5500. Finally, with a BAC or .16% or higher, there is a minimum of 90 days in jail to 3 years, and the fine may increase to between $3500 to $6500.
Therefore, due to the fact that the South Carolina Legislature is strengthening their DUI system, it is even more important to retain competent counsel. If you or a loved one has been charged in your first DUI, and even subsequent DUI’s, call the law offices of Reeves, Aiken & Hightower, LLP. You can contact our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 20, 2013 | DUI & DWI, Felony DUI, Uncategorized
A mother is being charged with the January death of her 8-year-old child after a single vehicle crash in Gaffney, South Carolina. The 27-year-old woman was driving on Corinth Road when she veered off the right side of the road and hit a tree. She is being charged with Felony DUI after she was treated for injuries at Upstate Carolina Medical Center.
The girl was apparently sitting on the lap of a passenger when the mother hit a tree and the child was ejected from the vehicle. The girl was transferred from Upstate Carolina Medical Center to Spartanburg Regional Medical Center as the condition worsened. She died the following day of her injuries. There were seven people in the car, the little girl is the only reported death.
If you or someone close to you has been charged in connection with a DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, you can call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
