Mar 13, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Kershaw, South Carolina man has been charged with felony DUI after a crash that killed one person. The Highway Patrol has stated that the 27-year-old driver was driving a 2006 Toyota that collided with the victim’s 2008 Kawasaki motorcycle.
The 56-year-old driver of the motorcycle died on the scene, according to Police. Further, the man had been a volunteer firefighter for almost 35 years, and had been promoted to lieutenant the previous Tuesday. When the collision occurred, he had been driving to Columbia, SC. The deceased firefighter has left behind a wife and four children.
A deadly accident can change the life of everyone involved. When you have had one or two drinks too many, the likelihood of an accident increases exponentially. It is extremely important, for your life and the lives of those who may potentially be injured, for you to never get behind the wheel of a vehicle once alcohol has been consumed. If you or someone you know has made the life altering decision to drive while intoxicated and been charged with a DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach our Baxter Village, Fort Mill South Carolina office at 803-548-4444, or toll free at 877-374-5999.
Mar 13, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 46-year-old man has been charged with hit-and-run after he struck and killed another man while he was walking on the sidewalk along Lake Murray Boulevard in Irmo, South Carolina. The pedestrian was pronounced dead on the scene.
The driver was charged with felony driving under the influence; according to police the suspect was driving a 2006 Land Rover eastbound when it struck the pedestrian who was walking westbound. The pedestrian was walking along the sidewalk, according to the police report.
According to the police, witnesses report that the suspect allegedly had been weaving across the road just before the collision. The man is being held at the Lexington County Detention Center.
In South Carolina, a person will be charged with a felony for driving under the influence of alcohol, drugs, or both; and, while operating the vehicle under the influence, the person causes “great bodily injury” or death to a person other than himself including a passenger, pedestrian, and/or another driver.
Great bodily injury is defined by the state of South Carolina as bodily injury, which creates a substantial risk of death or which causes serious or permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Further, if the injured person dies from related complications within three years of the DUI-related injury, the driver may be implicated in the death.
If you or someone you know has been charged with DUI or Felony DUI, it is extremely important for you obtain competent representation as soon as possible. At the law offices of Reeves, Aiken & Hightower, LLP we have over 75 years of combined experience in dealing with criminal clients, and we are here to assist you. For a consultation, call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444 or toll-free at 877-374-5999.
Mar 12, 2013 | DUI & DWI, Felony DUI, Uncategorized
A South Carolina state legislator has stated that he faces a drunken driving charge as a result of a stop that took place on Interstate 77 last year. He is reported to have been stopped after the South Carolina-Georgia Football game on October 6, 2012.
The legislator did not submit to the breathalyzer test, and will face an automatic license suspension. He has stated that he has been able to obtain a provisional license that allowed him to drive to work until the license is fully restored.
A DUI can impact anyone from every single walk of life. South Carolina football is huge, and it is easy for someone to consume one too many alcoholic beverages while attending a game and decide to get behind the wheel of a car. This is also something that is difficult to judge; so, if you have consumed more than one or two drinks before you are supposed to drive, you may be in danger of a DUI charge. Therefore, we recommend you consume nothing before driving. However, if you do we can try to help you. Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation on your DUI charge. You can reach us at 803-548-4444, or toll-free at 877-374-5999.
Mar 12, 2013 | DUI & DWI, Felony DUI, Uncategorized
The state of South Carolina’s sixteen county prosecutors are asking the state for an additional $1.6 million to pay for prosecutors to handle the state’s 28,000 DUI cases per year. Governor Nikki Haley has even included the money in her proposed budget submitted early last month.
However, State Representative Mike Pitts, who is chairman of the committee that oversees the law enforcement budgets of South Carolina has stated that he does not “know that we will have the money to honor it this particular year.”
The problem the state is confronted with now is that State Troopers may have to argue these cases. This is a problem because the troopers rely on prosecutors to argue motions and other documents that usually require legal training.
Two years ago, almost 50 percent of all driving deaths in South Carolina involved an alcohol impaired driver. That number has fallen by about 10 percent this year, but it is still one of the highest in the United States. This is related to the high rate of DUI prosecution in the state. This high rate of prosecution inevitably demands from the state budget. Because of such a high number of DUI’s, and the lack of budgetary funds, an inadequate number of attorneys will be prosecuting such cases. It will now rest on the state police officers.
The fact that many state troopers may have to argue motions that a lawyer would typically be arguing demands a certain level of efficiency within state government. With untrained professionals arguing something that trained professionals should argue, it leaves open channels for abuse of discretion. It is important that one who has been charged with a DUI has competent legal counsel.
If you or a loved one has been charged with a DUI in the state of South Carolina, call the law offices of Reeves, Aiken & Hightower, LLP. We are here to make sure an offender’s rights are taken into full account when a person is being prosecuted. You can reach our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 11, 2013 | DUI & DWI, Felony DUI, Uncategorized
DUI convictions can potentially be a very costly experience to a person being charged with such a crime. The fine for a DUI charge can range from $400 to $6300. However, in addition to the initial fine, other penalties can be tacked onto the charge. These range from a license reinstatement fee to required counseling for substance abuse. And, additionally, as if the salt has not sufficiently lodged itself into the wound, an insurance company will be required to provide the DMV with an SR-22 insurance certificate for three years, which will almost assuredly double or triple one’s insurance premiums.
In the state of South Carolina, when someone faces his or her first conviction for DUI, there is a variety of minimums with regard to alcohol levels. These rank accordingly:
– Blood Alcohol Content under .10
- License suspension – 6 months;
- Fine – $400.00;
- Jail – 48 hours – 30 days; or
- 48 hours of Community Service.
– With B.A.C between .10 and .16
- License suspension – 6 months;
- Fine – $500.00;
- Jail – 72 hours –30 days; or
- 72 hours of community service
– With a B.A.C. above .16
- License Suspension – 6 months;
- Fine – $1000.00;
- Jail – 30 days – 90 days; or
- 30 days of Community Service.
If you or a loved one face one of these rather steep DUI penalties, be sure to contact the law offices of Reeves, Aiken & Hightower, LLP to ensure your rights after a DUI are taken into proper account. You can reach our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 11, 2013 | DUI & DWI, Felony DUI, Uncategorized
Recently, trial courts are managing the flow of litigation by utilizing G.S. 20-139.1(e)(2). This statute requires that implied consent cases be continued until the chemical analyst, who analyzed the defendant’s blood, breath, or urine, can be present. This is, of course, unless the defendant waives his rights to such an analysis.
This is very important in an impaired driving case, where now, courts must consider G.S. 20-139.1(e)(2). This statute states that “the case shall be continued until the analyst can be present,” and that “the criminal case shall not be dismissed due to the failure of the analyst to appear, unless the analyst willfully fails to appear after being ordered to appear by the court.”
In State v. Joe, 723 S.E.2d 339 (2012), the court determined that the trial court may grant a defendant’s motion to dismiss under G.S. 15A-954, or the State may dismiss pursuant to G.S. 15A-931. Thus, the legislature has instructed courts to continue certain implied consent cases so that a chemical analyst may appear. However, if an analyst willfully does not appear after having been summoned by the court, the court may grant an exception to this rule.
The overall question we are confronted with here is whether it is unconstitutional for a legislature to be involved so directly with trial court matters?
Article IV, Section 13(2) of the NC Constitution allows the General Assembly to “make rules of procedure and practice for the Superior Court and District Court Divisions,” and further provides that “no rule of procedure or practice shall abridge substantive rights or abrogate or limit the right of trial by jury.” So, the General Statute is likely constitutional in that the legislature is in a proper area to make determinations.
If you or someone close to you has been charged with a DUI, or alcohol related crime in North Carolina, make sure that you are covering every possible base. G.S. 20-139.1(e)(2) can be a protection measure for many people; it ensures that the scientific tests, which is the most reliable evidence in a DUI case, must be presented through a chemical analyst. At Reeves, Aiken & Hightower, LLP., we stay up to date on the most recent North Carolina decisions so that we can represent our clients in the most efficient way possible. If you have been charged with driving under the influence, call our Charlotte, North Carolina office at 704-499-9000 for a consultation.
