Apr 8, 2013 | DUI & DWI, Felony DUI, Uncategorized
A car accident in Sumter County, South Carolina has resulted in charges being filed against a woman, who state troopers report was driving under the influence. The fatal accident occurred around 4:00 a.m., when the 25-year-old woman was traveling south on US 521, and veered off the right side of the road smashing into a tree.
Two of the passengers were rushed to Tuomey Hospital with injuries; a third passenger, due to the severity of her injuries, was pronounced dead at the scene. She was not wearing her seatbelt. The driver faces multiple charges for driving under suspension, improper tags, operating a vehicle while uninsured, and felony DUI resulting in death.
In South Carolina, a felony driving under the influence charge can cause lasting damage for all parties and families involved, and can result in both civil suits as well as criminal charges. In South Carolina, a person will be charged with a felony for driving under the influence of alcohol, drugs, or both, if 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 characterized by South Carolina courts 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. And, if the person dies from related complications within three years of the DUI-related injury, the driver may be implicated in the death. Further, there are mandatory prison sentences and fines.
Penalties for great bodily injury are as follows: minimum of 30 days to a max of 15 years imprisonment, plus a mandatory fine of $5000, not to exceed $10,100, and a mandatory drivers’ license suspension. The penalties increase if one is convicted for causing the death of another. They are as follows: minimum sentence of at least 1 year in prison with a maximum 25 years imprisonment, and a minimum mandatory fine of not less than $10,100, nor more than $25,100. Further, a license suspension will be enforced for DUI resulting in death as well.
Therefore, if you or a loved one has been charged with a felony DUI, it is unbelievably important for you to retain competent counsel as soon as possible. For a consultation, call the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or toll-free at 877-374-5999.
Apr 8, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Pacolet, South Carolina man was arrested after another man was allegedly run over by a car in the backyard of a home on Memorial Drive. The 50-year-old defendant was charged with driving under the influence with great bodily injury, and second-degree assault and battery, according to the arrest report. When the officers were called, they found that the assailant had allegedly backed over the 54-year-old victim with his truck; however, the defendant stated that the other man’s “leg was broken before the accident.”
The circumstances surround the arrest of the man occurred while EMS workers were assisting the victim, the driver pulled out a knife and the workers had to wrestle him to the ground. In addition to his drinking behind the wheel, the man’s knifing attempts resulted in another charge. He is being held at the Spartanburg County Detention Facility on a $15,000 bond.
If you or a loved one has been charged with DUI, DUI resulting in great bodily injury, or DUI resulting in death, give us a call for a consultation. You can reach us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444 or toll-free at 877-374-5999. We understand that bad decisions are very probable when drinking has been engaged in, and we are here to help with your case.
Apr 8, 2013 | DUI & DWI, Felony DUI, Uncategorized
In South Carolina, there is a voluminous backlog of DUI cases that Justice Jean Toal has ordered to be reduced. She has decreed that magistrate and municipal courts clear a backlog of thousands of alcohol related cases, and further require non-jury cases older than 60 days and jury cases older than 120 days to be closed.
This order has acted to clear roughly 11,000 cases; however, thousands of old cases remained with about 14,000 cases still awaiting a hearing. There are various factors that contribute to such congestion in these cases. One reason is that party-requested continuances have delayed cases going back for years.
One of the reasons for the back-log is that DUI Task Forces operate with a predominant goal of making more arrests for DUI. These measures have worked considerably in arresting those suspected of DUI; however, it has drastically contributed to the back-log. It has been reported that 42 percent of the cases that had been pending were dismissed, or simply dropped after Judge Toals order was made. This is a 12% increase from before the order.
In most “1st offense” DUI cases made by state troopers, the trooper is who represents the state as prosecutor. So, as the case progresses, the trooper will have to appear at the courthouse. If the case is delayed or continued, they will be forced to spend more time away from their patrol. Many feel that the troopers should not have to prosecute these cases because solicitors are generally more up to date on developments in the law, and understand legal procedure.
However, in order to have prosecutors handle these cases, the state has to put forth more resources to ensure that attorneys are the ones who are prosecuting the cases because they are more up to date on the developments in the law. Therefore, they are in a better position to access the best course of action in a given case. But, with the state budget where it stands, this is impossible.
Certain municipalities have taken a different approach by hiring private attorneys as part-time prosecutors. But, this approach only works to the level of the part-time prosecutor’s commitment, which may result in inefficiencies.
The complaints about the laws complexity also factor into this strata; especially with regard to the video recording law, and the subject of whether it is a matter of opinion that the driver is impaired. But, the proper use of these tools helps to make it easier to distinguish between a good case and a bad case.
If you or a loved one falls into this category; where you have been waiting for months to have your DUI prosecuted, and it is still sitting on the shelf, call the law offices of Reeves, Aiken & Hightower, LLP. We have taken on many South Carolina DUI cases, and understand the back-up the courts are faced with. For a consultation for an old or new DUI, or Felony DUI case, contact us at our Baxter Village office at 803-548-4444, or toll-free at 877-374-5999.
Apr 5, 2013 | DUI & DWI, Felony DUI, Uncategorized
New Milford, North Carolina police stopped a man for driving at an excessive speed on Danbury Road. The result of the pullover was a DWI arrest for the driver. The 24-year-old failed several field sobriety tests, and it was determined that he was operating his car under the influence of alcohol and/or drugs.
The man was charged with DWI and traveling unreasonably fast. He was later released on a $500 bond. He will appear before the North Carolina Superior Court in Bantam County.
In North Carolina, if a driver is convicted of a DWI under North Carolina’s drunk driving statute, the driver is eligible for one of six levels of punishment. Level 5 being the least serious and Level 1 being the most serious.
In order to be a Level 5, the judge must find that there were no grossly aggravating factors, and that the mitigating factors substantially outweighed them. Punishment for a Level 5 is as follows: fine up to $200, imprisonment for 24 hours to 60 days, and at least 24 hours of community service to be completed within 30 days of the sentencing.
To find a Level 4, the judge must find that there were no grossly aggravating factors, and that they are balanced with mitigating factors, so they are equal. A person can face a fine of up to $500, and imprisonment between 48 hours, and 120 days. Further, if the sentence is suspended, the judge must impose imprisonment for 48 hours, or at least 48 hours of community service to be completed within 30 days.
Next, Level 3 is more severe, and here, there are no grossly aggravating factors, and they substantially outweigh mitigating factors. Punishment includes a fine of up to $1000 and imprisonment for between 72 hours at 6 months. Also, if the sentence is suspended the judge must pursue imprisonment of 72 hours; or at least 72 hours of community service to be completed within 90 days.
Level 2 is even more serious, and in order to find this the judge must find grossly aggravating factors. The judge will not weigh aggravating and mitigating factors. Punishment for a Level 2 DWI conviction involves a fine of up to $2000 and imprisonment for 7 days to 12 months. If the sentence is suspended, the judge must impose an active term of 7 days in jail.
Finally, punishment for a Level 1 DWI conviction involves a fine of up to $4000 and imprisonment for at least 30 days and up to two years. And, an aggravated Level 1 is the most severe misdemeanor DWI level. If a judge finds more than two grossly aggravating factors, the driver is sentenced to aggravated Level 1 punishment which includes a fine of up to $10,000 and imprisonment for between 120 days and 3 years.
If you or a loved one has been charged with DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can contact our Charlotte, North Carolina office at 704-499-9000, or our Fort Mill, South Carolina office at 803-548-4444, or toll free at 877-374-5999.
Apr 5, 2013 | Felony DUI, Uncategorized
Last week, the Durham police arrested a 31-year-old man who allegedly drove his vehicle into the back of Nissan driven by a 38-year-old man. This resulted in a crash, where the victim’s Nissan tumbled along I-40. The victim was pronounced dead on the scene.
The driver, who was left unscathed, was sent to Wake County Correctional Facility and charged with felony death by motor vehicle. His bail was set at $50,000. The victim hailed from Goodlettsville, Tennessee, and was driving home from a weekend comedy show. He is survived by his wife and daughter.
The worst is bound to happen when you decide to get behind the wheel of a vehicle after consumption of alcohol. Your impressions of the world around you are skewed, and decision making abilities are materially depreciated. Please, make plans for a designated driver when you know that you are going to be drinking. Your life, and the lives of those affected by such a decision can be forever altered.
If you or a loved one has been charged with DUI, or felony DUI call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, call our Charlotte, North Carolina office at 704-499-9000. If you have been charged in South Carolina, call us at 803-548-4444, or toll-free at 877-374-5999.
Apr 3, 2013 | DUI & DWI, Felony DUI, Uncategorized
When a DUI Statute contains multiple severity levels, or provides for enhanced punishment, on the basis or a defendant’s previous convictions for the offense, it has been held that, though a level of severity with which the defendant is charged must be pled in the charging document. The defendant’s previous convictions do not constitute elements of the offense which must be proven at trial; however, they can be established during the punishment phase.
Defendant’s prior convictions for driving under the influence are inadmissible bad character evidence in a prosecution for driving under the influence, even though the prior convictions are relevant to the categorization of the sentence the defendant will receive if convicted. But, it has been previously held that, where a conviction must have occurred within a prescribed time period to support an enhanced severity level or penalty, failure to establish the date of a prior conviction will require reversal of a subsequent conviction under the enhancement provision.
It has previously been held that, where a conviction must have occurred within a prescribed time period to support an enhanced severity level or penalty, failure to establish the date of a prior conviction will require a reversal of a subsequent conviction under the enhancement provision. And, some states have statutes protecting the right of a defendant to a fair trial in an enhanced DUI prosecution by providing that, where there is a jury trial, the proceeding must be bifurcated (or split in half), with evidence and information about the defendant’s alleged prior convictions excluded from the jury’s knowledge at the guilt phase.
While certified copies of records of prior DUI convictions is one method of proving commission of prior offenses, it has been held that such copies are not the sole acceptable method. Further, where those methods have been destroyed in the ordinary course of court business, other proof may be substituted.
Some courts, including South Carolina, have held that prior convictions in other states may be proven to support punishment under an enhanced penalty provision, where the out-of-state convictions under an enhanced penalty provision, where the out-of-state convictions were for substantially similar offenses.
While the provisions listed here are general provisions for throughout the United States, they apply to South Carolina for the most part. But, one things that is extremely important to note is that if you have previous DUI convictions, it is so important for you to retain a competent DUI lawyer to navigate through the DUI system as efficiently as possible. Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation at our Baxter Village office located in Fort Mill, South Carolina. You can reach us at 803-548-4444, or toll-free at 877-374-5999.
