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.
Oct 25, 2012 | Car Accidents, DUI & DWI, Uncategorized
Clover teen is currently awaiting trial for an accident that occurred in late August of this year.
Accordingly, the 19-year-old is being charged with three counts of felony DUI; one of those DUI’s resulting in a death, and the other two resulting in great bodily injury, and driving under a suspended license. Sadly, this was not the first time the defendant has been charged with a DUI.
The police report states that the defendant was driving in his 1996 Infinity, when his vehicle swerved to the right side of the road, hit a tree, and subsequently flipped over onto the roof of the car.
All four people in the vehicle were ejected from the car at the time of the accident. One passenger was killed on impact. The driver/defendant and another passenger were taken by the paramedics to Piedmont Medical Center, and another was flown to Carolina’s Medical, via helicopter.
The police report states no one was wearing a seat belt.
Many states have both a felony DUI and a misdemeanor DUI charge. The determination if which type of DUI the person is going to receive is based on two main factors: aggravating circumstances and grave bodily injury or death as a result of driving while intoxicated.
If you, or someone you know has been charged with a DUI or Felony DUI, call the law offices of Reeves, Aiken, and Hightower and let us evaluate your case. If you have mitigating circumstances that may lessen your charge, the diligent attorneys at Reeves, Aiken, and Hightower will find them for you. Call us today at 704-499-9000 or 877-374-5999 toll-free for a free consultation.
Oct 23, 2012 | Car Accidents, DUI & DWI, Uncategorized
A 28-year-old Charlotte man was killed in a DWI wreck in northwest Charlotte on an early Saturday morning.
The man was the passenger in a 2000 Ford Expedition driven by a 29-year-old male. The driver and four other passengers were riding in the 9300 block of Bellhaven Boulevard, close to Interstate 485 when the driver sideswiped a car and went off the road.
The Expedition went down and embankment, went airborne and came to a halt after striking a brick retaining wall near a house.
The passenger died on the scene while the driver and two other passengers were transported to Carolinas Medical Center with serious injuries.
The driver of the Expedition was charged with driving while impaired.
Research from NHTSA reveals that 10,228 people were killed in alcohol-impaired driving crashes in 2010. The lives claimed in traffic accidents that year accounted for an alarming 31 percent of the total motor vehicle traffic deaths in the U.S. So it’s no wonder why police across the nation are cracking down on drunk driving. There are countless reasons why no one should drink and drive, and families affected by drunk driving incidents on our nation’s roads could echo this sentiment as strongly as anyone.
When you or someone you love has been involved in a serious accident, the DUI Attorneys of Reeves, Aiken, and Hightower can be there to assist you on your path to recovery. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free.
Oct 22, 2012 | Car Accidents, DUI & DWI, Personal Injury, Uncategorized, Wrongful Death
A 19-year-old Clover, SC driver crashed his car early Tuesday morning on S.C. 49. The state Highway Patrol charged him with three counts of Felony DUI.
Defendant has been charged with one count of Felony DUI resulting from a death, two counts of Felony DUI resulting in great bodily injury and driving under suspension (DUS). Defendant was driving a 1996 Infinity when it veered to the right side of the road, struck a tree and flipped over.
All four occupants were ejected from the vehicle; an 18-year-old female was killed, and a 16
-year-old was flown to Carolinas Medical Center in Charlotte with serious injuries. Police say that no one in the car was wearing a seatbelt.
If your loved one has been killed by an intoxicated driver, contact the wrongful death attorneys at Reeves, Aiken, and Hightower. Losing a loved one can be scary and confusing. Let us help you by evaluating your claim today. Contact us at 704-499-9000 or 877-374-5999 toll-free for a free consultation.
Oct 22, 2012 | DUI & DWI, Pedestrian Accidents, Uncategorized
In March of this year, a Rock Hill man was arrested and charged with a felony DUI when he hit a bicyclist with his vehicle, and then fled the scene of the crime.
Accordingly, the accident occurred on a Friday evening, where the cyclist was travelling alongside Heckle Boulevard. The details are a little hazy, but the defendant apparently hit the cyclist, and then just kept driving.
Sadly, this “hit-and-run” accident took the life of the cyclist. It is unknown whether his fatality occurred immediately upon impact, or if the pedestrian could have survived.
The defendant stopped a few minutes later down the road, only after witnesses had already reported the defendants vehicle to officers.
He was subsequently charged with Felony DUI for his criminal behavior.
Although a misdemeanor, being charged with “drunk driving” is a very serious offense. Even if it is your first one and you did not cause an accident or injure anyone, the stigma and long-term consequences are quite harsh. If convicted or you agree to plead guilty, you will lose your license and can potentially lose your job. What’s more, you will never be able to get reasonable automobile insurance rates once you have a prior DUI on your permanent record.
In the event that someone loses their life while driving intoxicated, the defendant maybe charged with a Felony DUI. If you, or someone you know has been charged with any sort of DUI, contact the law offices of Reeves, Aiken, and Hightower, to have your claim evaulated today. Call us at 704-499-9000 or 877-374-5999 toll-free.
Oct 22, 2012 | DUI & DWI, Uncategorized
Five Rock Hill residents were arrested during a Wednesday safety checkpoint set up in Rock Hill. Moreover, many other drivers were issued tickets as well.
The checkpoint was conducted by the Rock Hill Police Department, at the intersection of Poe and Culp between the hours of 7:30 and 9:00 a.m.
Of the five people arrested, four of the people were charged with having ” no drivers license,” while the other woman was charged with driving under a suspended license.
Fortunately, no drunk driving or drug charges were issued.
If you, or someone you know has been arrested during a safety or DUI checkpoint, call the Criminal Defense team at Reeves, Aiken, and Hightower, LLP. With over 75 years of combined experience and a former prosecutor on your side, our legal team will fight to get you the justice you deserve.
Often times, arrests are made outside of the scope of the Constitution, denying some their fair Due Process. Call us today and let us hear your side of the story at 704-499-9000 or 877-374-5999 toll-free.
