Oct 29, 2013 | Criminal Defense, DUI & DWI, General, Uncategorized
The Rock Hill Police Department had their patrol cars put to the test early Sunday morning when they were forced to chase a suspect down by vehicle.
Apparently, the officers were simply practicing a routine patrol in downtown Rock Hill when the turned down East Main Street a little after midnight.
It was at that point that they saw a gray 1990 Buick that had a paper tag and no headlights on at that time of night.
It was at that moment the police beleived they were to pursue a routine traffic stop, flipped on their blue lights, and begin to follow the car.
The car moved over tot he right side of the road, and the officers thought the car was actually stopping, but instead, the car sped away and turned down numerous streets before the police finally apprehended the defendant on Flint Extension, after the car had crashed into a telephone pole.
After the 45 year old defendant crashed, he jumped out of the vehicle and began to flee on foot from the police. He was eventually found hiding behind a shed on Marshall Street.
His ultimate charge was failing to stop for the blue light, and driving under a suspended license.
According to South Carolina Law, under Section 16-23-10(4), if you flee from a police officer, you will be considered to be a ” fugitive from justice.” A fugitive from justice” means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.”Section 16-23-10(4).
In other words, the defendant willbe considered to be a fleeing felon, or a fugitive from justice because he ” ran from the blue light.”
If you, or someone you know has been charged with a similar crime, contact the law offices of Reeves, Aiken, and Hightower,LLP toll-free at 877-374-5999 for more information.
Oct 15, 2013 | DUI & DWI, Felony DUI, Uncategorized
Rock Hill, SC police report that a mother was charged with drunk driving after her 11-year-old daughter called them and reported that her mom was swerving and almost hit two cars on her way home from a restaurant.
She was charged with Driving Under the Influence and Child Endangerment, and reported to the police that she had several beers earlier that day, finishing the evening with two margaritas at the restaurant. She was being held in York County and was released on a $2500 bond.
A DUI charge in South Carolina can initiate a hefty fine or even imprisonment. Under S.C. Code Ann. §56-5-2930:
(A) “It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction; entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment.
(2) “For a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year.
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years.
However, if you add Child Endangerment to the DUI charges, the fines and potential imprisonment terms increase. Upon conviction the person must be punished by: (A) a fine of not more than one-half of the maximum fine allowed for committing the violation enumerated in subsection (A)(1), when the person is fined for that offense;
(B) a term of imprisonment of not more than one-half of the maximum term of imprisonment allowed for committing the violation enumerated in subsection (A)(1), when the person is imprisoned for the offense; or
(C) both a fine and imprisonment as prescribed in items (1) and (2) when the person is fined and imprisoned for the offense.
Therefore, when a person is driving under the influence, their charges can increase exponentially if there is a child in the vehicle. Also, the potential for a collision is much greater. This may even increase the charge to Child Endangerment to Vehicular Manslaughter if a child in the car is killed. A charge of Vehicular Manslaughter increases the charge of DUI to a Felony DUI.
If you or a loved one has been charged with DUI or another alcohol related offense, make sure to call people who can help you try to mitigate the charges. The law offices of Reeves Aiken & Hightower, LLP can help you. You can give us a call at our Baxter Village, South Carolina office at 803-548-4444, or toll-free at 877-374-5999. Getting behind the wheel of a vehicle while intoxicated can have some serious repercussions, and we want to make sure you can get your life back on the right path.
Oct 8, 2013 | Criminal Defense, DUI & DWI, Uncategorized
In South Carolina, if a driver is pulled to the side of the road and suspected of DUI, the police may no longer administer a breathalyzer test without a warrant, or consent in the majority of cases.
A recent Supreme Court ruling has decided that a man, who was given a blood test without his permission or a warrant, was not to be charged after evidence of the breath-test was offered. Two lower courts tossed out the evidence, which is why the case was brought before the Supreme Court. The SC upheld the lower court’s ruling that the dissipation of alcohol in someone’s blood stream was not sufficient to override the requirement that police get a warrant before subjecting that person to a blood test.
In this particular case, the driver was pulled to the side of the road after the officer observed the man speeding and swerving.
When the officer approached the car, he found that the man had been charged with two previous drunk driving incidents. The man also failed several field sobriety tests, and after he refused to submit to the breath-test, the officer drove him to the hospital to give the man an official blood test.
However, the man had never agreed to do so, and the officer had never obtained a warrant. While, in the State of South Carolina, officer testimony regarding a driver’s intoxication is permitted, the problem in this case is that the officer used the tainted breath-test evidence. All of the courts here found that the evidence was inadmissible.
If you or a loved one has been charged with a DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-374-5999.
Oct 3, 2013 | Criminal Defense, DUI & DWI, General, Uncategorized
According to recent studies coupled with new South Carolina Car Insurance Laws, there are 246 different ways to insure your vehicle, but only 7 companies will award you lower rates if you drive your vehicle less than 25 miles per day. Even fewer of them will give you a discount if you have never been charged or convicted of a DUI; but they are out there if you look.
Have you ever noticed that there are some places that if you pay for your purchase in cash, you will get some sort of discount? You probably went to this place 100 times before someone told you to “ask for that 10% discount they always give me when I pay in cash.” Well, insurance companies are the same way. They are not going to list the amount of discounts you can obtain without you asking. So when you are searching for someone to insure your vehicle, know what to ask for.
Some important factors that may lower your rates are the following: clean driving record; less than 40 miles a day; if you haven’t been involved in an auto accident for over a year; if you are over the age of 25; if your car has airbags equipped in it; and lastly, some will award discounts if you have never been convicted or charged of a DUI.
That’s right. Just like you get punished for driving while intoxicated, some insurance companies will reward you if you don’t drink and drive.
What is important to note is that each state and insurance company is going to have a different policy or “so called bundle” available to help lower your rates. Unfortunately, the only way to truly find the lowest rate is to research each company on your own.
We at Reeves, Aiken, and Hightower,LLP hope that you found this information helpful. Often times we struggle with Car Insurance companies and the policies our clients have submitted themselves into prior to being involved in an auto accident.
If you have been involved in an auto accident, let us deal with the insurance companies for you; as you have enough on your plate by simply recovering from your injuries. Contact us today toll-free at 877-374-5999.
Sep 27, 2013 | Criminal Defense, DUI & DWI, Uncategorized
According to both South Carolina law and the South Carolina Department of Motor Vehicles (SCDMV), the number of offenses that gets placed on your driving record is reflected by the number of DUIs that you have received within a 10-year period.
Thereafter, if a person is driving on a suspended license, and is caught while doing so, their suspension shall be extended for an additional year. The same holds true if a person has received their 3rd DUI. If you receive 4 DUIs in South Carolina, then you’re driving privileges are then terminated.
Then, after 7 years, the driver may petition the appropriate court after certain requirements have been met.
Specifically, the driver must of not had ANY driving under the influence charges or driving while on a suspended license violations within the past seven years. Secondly, the driver must have completed the required Alcohol and Substance Abuse Programs.
It is not required to have your SR-22 insurance of the 3 year period in which the original suspension has already ended. There will be no reinstatement fee if the SR-22 shows that there was no lapse during the coverage.
lastly, you must pay for the original ticket/fine, and then show proof via receipt to the SCDMV.
Some of this can get a little tricky. An experienced DUI attorney can handle all of the necessaries for you. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
Sep 25, 2013 | Criminal Defense, DUI & DWI, General, Uncategorized
Your First DUI Offense:
In South Carolina, a person will be charged with a DUI if they are found to have a BAC level ( blood alcohol level) of .08 or higher. The penalty is anywhere from 30 days jail time, to 48 hours of community service by a number of designated programs. Moreover, they will be forced to pay a fine of at least $400.
However, if it is your first DUI offense, and your BAC level of anywhere from .1 to .15, their penalty could still be 30 days in jail, yet the community service may be elevated to 72 hours, and the fine will be increased by $100, to $500.
Lastly, if it is your first DUI offense, and your BAC level is .16 or higher, your jail sentence could be anywhere from 30 to 60 days, plus additional community service. The fine for this penalty is up to $1000.
If you have just be charged with your first, second, third, and so forth, then contact the DUI Defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more
information on your case and options and possible outcomes
