Oct 31, 2012 | Drug Crimes and Controlled Substances Defense, DUI & DWI, Uncategorized
Last Friday, a Rock Hill, SC woman was found unconscious in her car at Walmart after she allegedly “huffed” fumes from an aerosol can, as reported by police. A Walmart employee called police and stated that around 5:30 p.m. the woman was passed out in her 2002 silver Pontiac Grand Prix which was still running.
The woman was charged with driving under the influence and unlawful use and possession of aromatic hydrocarbons after the police found a can of Ultra Duster clutched in the her left hand. Officers reported that her eyes were glossy and bloodshot, and her pupils were dilated. The police also found prescription pain pills in her purse as she searched for her driver’s license.
The officers report that they subjected the woman to three field sobriety tests which she allegedly failed. She later admitted to recently leaving a drug rehabilitation facility for air-can use and prescription pain pills.
If you or someone you love has been charged with a SC DUI, DUAC, or BUI, you should call the experienced DUI attorneys of Reeves, Aiken, and Hightower, LLP. In South Carolina, a person can also be charged with a DUI if they are found to be under the influence of a banned or controlled substance. However, it is important that you know your rights. Call us today and speak directly with one of our lawyers at 803-548-4444 or toll free at 877-374-5999.
Oct 30, 2012 | Car Accidents, DUI & DWI, Uncategorized
A Charlotte woman has died and a teenager charged after the teen drove his Mustang off the road and into a tree.
According to police, the crash happened Tuesday evening around 11 p.m. near Conway Avenue off of Scaleybark Road.
When emergency personnel arrived on the scene, they found the woman dead and another passenger seriously injured.
Witnesses told police that the 19-year-old driver jumped out of the car window and ran away before the car came to a violent stop.
The teen was driving a 2004 Ford Mustang northwest on Scaleybark Drive when he veered off the road, struck a telephone pole, a came to a halt after rolling into a tree. A woman passenger was pronounced dead on the scene. Another passenger suffered non life-threatening injuries and was rushed to an area hospital.
The driver was charged with driving while impaired and reckless driving. Warrants have also been filed for Felony Hit and Run and Felony Death by Vehicle.
Studies from 2010 reveal that the fatalities resulting from alcohol related motor vehicle accidents accounted for a startling 31 percent of the total motor vehicle traffic fatalities in the U.S. that year. Unfortunately, many Americans have been touched by the unsettling consequences of driving while impaired. Drunk driving is an offense that should not be tolerated under any circumstances. However, even the most mindful citizens can be affected by those who don’t take drunk driving seriously, and put other road users at risk. If you or a loved one have been involved in an alcohol related motor vehicle incident, call the DWI Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free. You and your loved ones can rest easy with our attorneys in your corner.
Oct 29, 2012 | DUI & DWI, Uncategorized
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered in order to obtain validated indicators of impairment and establish probable cause for arrest. The three tests of the SFST are: 1) Horizontal Gaze Nystagmus; 2) Walk and Turn; and, 3) the One Leg Stand. These tests are administered and evaluated based on the measured responses of the suspect.
1) HGN Testing: is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Normally, nystagmus occurs when the eyes are rotated at high peripheral angles. When a person is impaired by alcohol, the rotation is exaggerated and may occur at lesser angles. A person who is under the influence of alcohol will often have difficulty proficiently tracking an object. In this test, the examiner looks for three indicators of impairment in each eye: if the eye cannot follow the moving object smoothly, if jerking is distinct when the eye is at maximum divergence, and if the angle of onset of jerking is within 45 degrees of center. The officer will discern whether the suspect is over 0.08 BAC if, between the two eyes, a certain number of clues appear.
2) Walk and Turn: This test is very easily performed by most unimpaired people. This test requires a suspect to listen to and follow instructions while performing simple physical movements. The suspect is required to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. There are eight indicators the examiner will look for in order to determine impairment. These are: if the suspect cannot keep balance while listening to instructions, begins before instructions are finished, stops while walking to regain balance, makes an improper turn, or takes an incorrect number of steps. Two or more indicators typically indicate a higher than 0.08 BAC.
3) One Leg Stand: In the One-Leg Stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousand (one one-thousand, two one-thousand etc.) until told to place the foot back down. The officer typically times the person for 30 seconds. The examiner will look for indicators including swaying while balancing, using arms for balance, hopping to maintain balance, and putting the foot down. Two or more indicators indicate more than a 0.08 BAC.
It is important that when a police officer administers these tests, they are doing so appropriately, and within the confines of the fourth amendment of the US Constitution. If you or someone close to you has been given a Standardized Field Sobriety Test, it is important that the officer took multiple factors into consideration. If you have any questions regarding the administration of “SFST’s,” please call the Law Offices of Reeves, Aiken & Hightower at 803.548.4444 or Toll Free at 877.374.5999.
Oct 26, 2012 | DUI & DWI, Uncategorized
The amount of alcohol in a person’s body is measured by the weight of the alcohol in a certain measure of blood; also known as the “blood alcohol concentration,” or “BAC.”
When alcohol is consumed by a person, it is absorbed directly through the walls of the stomach and the small intestine; it then travels into the blood stream throughout the body finally impacting the brain. This is how one becomes “intoxicated.” Alcohol is absorbed rapidly and can be measured within 30 to 70 minutes after a person has had a drink.
There are a number of factors that play into how fast a person’s BAC rises. First, the number of drinks one consumes is the most obvious; the more one drinks the higher the BAC. Second, how quickly one imbibes alcohol can be an issue because the body breaks down alcohol at a rate of about one drink per hour; therefore, if a person consumes one drink per hour, it will break down at a more rapid pace than five drinks because of the filtration limitations of the human liver. Third, gender can also contribute because women generally have less water and more body fat per pound than men, and alcohol does not go into fat cells as easily as other cells. Thus, alcohol can remain in the blood of women for longer periods of time. Fourth, one’s weight is another factor because the more a person weighs, the more water is present in the body. This causes the dilution of the alcohol, and the lowering of the person’s BAC. Finally, the last factor is how much food a person has in his or her stomach. Absorption will be slowed down if you have had something to eat.
Due to these multiple factors, it is very hard for a person to assess his or her own impairment. Though small amounts of alcohol can affect one’s ability to drive, people often swear they are “fine” after several drinks. However, the failure to recognize impairment can often be one of the symptoms of impairment.
This lack of recognition causes a person to get behind the wheel of a car when they shouldn’t. As a result bad things can happen; one may be arrested by the police, or even more serious they are more likely to be involved in an automobile accident as a result of their impairment. This could injure or even kill the driver and also the people who were driving in the vehicle. The charge of DUI could then be escalated to a more serious charge of Vehicular Manslaughter and Felony DUI.
If you or a loved one has made the decision to get behind the wheel of a car, boat, or any other motorized vehicle and been charged with a DUI or Felony DUI, call the Law Offices of Reeves, Aiken & Hightower to discuss your outcome. Contact us today for a free consultation at704-499-9000 or 877-374-5999 toll-free.
Oct 25, 2012 | DUI & DWI, Uncategorized
A Heath Springs, S.C. man was driving his SUV down the 1600 block of Camp Creek Road in Lancaster County last December when he struck a tree killing one and injuring another passenger who was air-lifted to Charlotte.
The South Carolina Highway Patrol charged the driver with possession of a controlled substance and Felony DUI after the fatal crash. It was reported by Police that the man swerved his vehicle to the right overcorrecting to the left striking a tree.
A person will be charged with a Felony DUI if the following factors are present: (1) driving a vehicle under the influence of alcohol, drugs, or both; (2) if, while operating the vehicle under the influence, the person causes great bodily injury or death; (3) to a person other than himself (this includes a passenger, pedestrian, and/or another driver).
If you or a loved one has been charged with DUI or Felony DUI in Lancaster, SC or anywhere else in South Carolina please contact one of our lawyers directly at 803-548-4444, toll free at 877-374-5999, or at this link, and let us start building your best DUI defense. Reeves, Aiken & Hightower LLP.
Oct 25, 2012 | DUI & DWI, Uncategorized
In South Carolina, since 1983, it has been a felony to cause death or great bodily harm to another person while operating a vehicle under the influence of drugs or alcohol.
This is classified as a
Felony DUI under S.C. Code § 56-5-2945. If a victim dies as a result of a driver operating a motor vehicle under the influence of drugs or alcohol, the penalty is a mandatory fine of $10,000 to $25,000 and mandatory imprisonment of 1 to 25 years. Additionally, the statute states, that no part of the mandatory sentence may be suspended.
Three elements are required for a charge of Felony DUI to be distributed: (1) the actor drives a vehicle while under the influence of alcohol or drugs; (2) the actor does an act forbidden by law or neglects a duty imposed by law; and (3) the act or neglect proximately causes great bodily harm or death to another person. State v. Dantonio, 376 S.C. 594 (2008).
Proximate cause is outlined in Dantonio, which states that a defendant’s act need not be the sole cause of the victim’s death to sustain a conviction for Felony DUI, provided it is a proximate cause actually contributing to the death. Id.
If you or a loved one has been convicted of a Felony DUI charge, call the law offices of Reeves, Aiken & Hightower, LLP for a private consultation. We welcome the opportunity to sit down and personally review your case. Call us today at our York County office at 803-548-4444 or toll-free at 877-374-5999.
