Sep 26, 2013 | Car Accidents, Criminal Defense, Felony DUI, Uncategorized
The Highway Patrol of South Carolina is currently investigating an accident that occurred overnight in Dorchester County. Sadly, this accident turned to be a fatal one.
Saturday night, around 11:30 p.m., two friends had been out drinking and one of them decided to call it a night. The 21-year-old defendant male was driving his Jeep home under dark and damp conditions with a female passenger, also age 21.
There were two cars traveling northbound on I-17, fairly close to the Highway 61 intersection. One of those cars had the 21-year-old intoxicated driver behind the wheel. The drunk driver was attempting to pass the car that was traveling parallel to him when the Jeep and the other vehicle made contact with one another.
The impact must have been quite severe, because the Jeep was thrown off the road, flipped over twice, and a female passenger was ejected out of the vehicle. The female was pronounced dead by the time the EMTs arrived. Neither of the people in the Jeep was wearing their seatbelt at the time of the incident.
The male has been charged with a Felony DUI, due to the severity of the condition his passenger was found in.
What is a Felony DUI in South Carolina?
In the state of South Carolina, a felony charge of a DUI has three requisites that must be met in order for the defendant to be properly charged as such.
The first element is that the person must have operated a vehicle under the influence of drugs or alcohol or both.
The second element requires that the person was doing something either illegal or unlawful. This could mean anything from a violation of a traffic law or failure to uphold your responsibility to the court, such as failure to appear or pay a fine. The most common illegal act is found when the person is intoxicated, and the officer is given reasonable suspicion through the defendant failing to maintain his vehicle in his lane, or acting negligent or reckless with his driving behavior.
Lastly, the serious injury or death must have been the proximate cause of the great bodily injury or death to any person other than himself, including passengers, pedestrians, and other motorists.
Sep 24, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 19-year-old man from York, South Carolina, has been charged with one count of Felony DUI resulting in death, two counts of felony DUI resulting in great bodily injury and driving 
under a suspended license. This is the second DUI for the man this year.
Police report that the man swerved from the right side of the road, struck a tree causing the car to flip over ejecting all four of the passengers. One of the passengers, an 18 year old Clover girl, was killed. The other passengers were taken to the hospital; however, they were not seriously injured.
This is a real situation that can demonstrate the charges a driver can face if they drive while under the influence. If people are injured or killed as a result of a DUI, the driver will be held accountable for such actions through the court system and face serious criminal charges. Felony DUI resulting in Death carries a possibility of up to 25 years in prison. The following illustrates the South Carolina Code of Laws with regard to Felony DUI:
56-5-2945. Offense of felony driving under the influence; penalties; “great bodily injury” defined.
(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence and, upon conviction, must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.
(B) As used in this section, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The Department of Motor Vehicles must suspend the driver’s license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a period of incarceration plus three years for a conviction of Section 56-5-2945 when “great bodily injury” occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently.
(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
If you or someone you know has been charged with any crime, call the South Carolina criminal defense attorneys of Reeves, Aiken & Hightower at 877-374-5999 for a confidential consultation.
Sep 19, 2013 | Car Accidents, Criminal Defense, Felony DUI, Uncategorized
Earlier this year in March, a 30-year-old man from South Carolina was driving down Interstate-26 with a female passenger, aged 29, and her two minor children.
The mother has three children, but only the three-year-old and the one-year-old were in the car at the time of the accident.
Apparently, the man was driving under the influence of alcohol at the time of the car accident. It was unclear how he flipped the car over, but the investigation can tell by the skid marks that it appears as though he was attempting to avoid hitting another vehicle, and turned his car too far to the left, flipped the vehicle over on its side.
The woman and both of the minor children were rushed to the hospital for immediate treatment. The woman was sadly pronounced dead shortly after arrival. It is clear according to the County Coroner that the woman did in fact die from injuries sustained from the car accident.
The defendant was taken to the Al Cannon Detention Center, where is he being held until his bond of $94,665 is met.
Summarily, the man is now being charged heftily for this fatal accident: specifically, “two counts of child endangerment and a felony charge of driving under the influence of alcohol resulting in death and great bodily injury.”
What is a Felony DUI in South Carolina?
According to South Carolina’s General Statute §56-5-2945, a person will be charged with a Felony DUI when the accident results in great bodily harm or death.
Great bodily injury exists when a person who, while under the influence of alcohol, drugs, or the combination thereof, operates a vehicle and when driving the vehicle does in fact cause great bodily injury to the victim. That defendant is then guilty of a felony, and upon conviction must be punished with a mandatory fine of not less than $5,100 nor more than $10,100 in conjunction with mandatory imprisonment for not less than 30 days, and nor more than 15 years. S.C. Gen. Stat. §56-5-2945(2010)
Moreover, when a death results from a person who, while under the influence of alcohol, drugs, does in fact cause great bodily injury that results in death, shall be considered guilty of a felony, and upon conviction must pay a mandatory fine of not less than $10,100 nor more than $25,100 and mandatory imprisonment for not less than 1 year nor more than 25 years. S.C. Gen. Stat. §56-5-2945( 2010)
If a person is in fact charged with a Felony DUI resulting from death, then the mandatory sentences described above may not be suspended, and no probation shall be granted for the defendant. S.C. Gen. Stat. §56-5-2945(2010)
If you or a loved one has been charged with DUI or Felony DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP, at 877-374-5999, for more information on your options.
Sep 16, 2013 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Having your driver’s license suspended in the state of South Carolina can be an astronomical burden for you, and for those around you who now have to drive you around. The Sout
h Carolina Department of Motor Vehicle has, however, listed the most common types of suspensions, how long the suspension will last, and what the reinstatement fee can be.
Some of the most common suspensions typically arise from driving under the influence of alcohol.
For your first DUI offense in South Carolina, your license will be suspended for six months. If you receive a second DUI conviction, your license will be suspended for an entire year. On your third offense, your license will be suspended for two whole years. If you somehow receive a fourth DUI offense in this state, your license will be suspended for 3 years, plus any time that you may have served.
This holds true for a Felony DUI as well. Due to the nature of the DUI, meaning that someone was seriously injured or killed when you were drunk driving, your penalties will be the same as though you have received your fourth DUI, even if it is your first offense, if it is considered a Felony DUI.
This all may sound confusing, and it can be. You do not have to go at it alone. If you have been charged with a DUI, contact an attorney immediately to have them help you work through the process, from beginning to end. At Reeves, Aiken, and Hightower, LLP, we are ready to take that step with you. Contact us toll-free at 877-374-5999 for more information on your options.
Sep 12, 2013 | DUI & DWI, Felony DUI, Uncategorized
A man and a woman, who were struck by an alleged drunk driver, have been identified by the pastor of a South Carolina church. Both worked at the South Carolina Student
Loan Office in Columbia. Further, the man was a chaplain’s assistant at Fort Jackson for three years. Both of the victims were driving motorcycles at the time.
The drunk driver was cruising in a 2008 Saturn south on U.S. 21 at around 7 p.m., when the vehicle crossed the center line and struck the two oncoming bikes. The man’s bond was set for just over $30,000, which was so high because he has prior charges and was driving without a license. The prior was a marijuana possession and disorderly conduct.
If you or someone close to you has been charged with DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Aug 16, 2013 | Car Accidents, Felony DUI, Uncategorized
On November 12th of last year, an intoxicated female was driving the opposite way down Porter Road, when she slammed into another vehicle head-on.
After the woman was apprehended, her BAC level was taken and incidentally registered at an astonishing 0.33, which if four times over the legal limit at an .08.
The accident caused all passengers to be immediately rushed to the Piedmont Medical Center with life-threatening injuries.
Specifically, one victim had to have metal rods secured by screws placed
in his legs and spine. He stated that he ” was unable to sit for more than an hour on end with out pain shooting down his spine and legs.”
The other occupant of the vehicle had to undergo six surgeries since November to have extensive repair done to everything from his arms to his hips. His foot may even have to be amputated.
This charge in South Carolina can carry up to 15 years jail time, but in this particular case, the woman was given only either years, then five years of probation instead.The female defendant was charged with a Felony DUI for the serious injuries she caused while drinking and driving.
If you have been charged with a Felony DUI in South Carolina, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
