Apr 30, 2013 | DUI & DWI, Felony DUI, Uncategorized
At Reeves, Aiken & Hightower, LLP we understand that each and every DUI case in the state of South Carolina is unique, and must be 
treated differently than a previous DUI case. In South Carolina, a DUI can be classified as a felony or a misdemeanor depending on the circumstances surrounding the incident. Felony DUI’s typically result when one’s decision to drive under the influence results in some sort of accident that ends up in “death” or “great bodily injury.”
Here, a 30-year-old South Carolina resident was operating his vehicle, which contained three passengers; a 29-year-old woman, and two children, when his vehicle collided into a tree. The woman and the children were taken to the hospital where the woman was pronounced dead hours later. This is a very tragic situation that could have been prevented had the man not been drinking. However, it is also important to ensure that the man’s rights are also taken into account when prosecuting him.
A felony DUI conviction can mean some incredibly serious penalties for the defendant; especially if a death has resulted. Fines can be as much as $25,000, and jail time as much as 25 years. Therefore, it is extremely imperative that one being charged with such a crime consults with competent defense counsel.
At Reeves, Aiken & Hightower, LLP we will take the necessary steps to ensure that the accused is receiving the proper defense. We have a combined 75 years of experience in handling client cases, and will bring that experience to the table for every one of our clients. For a consultation, you can reach us at our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.
Apr 29, 2013 | Criminal Defense, DUI & DWI, Felony DUI, General, Uncategorized
In almost four months, two specific York County deputies have charged alm
ost 40 people with DUIs int he state of South Carolina. That means that those two deputies average almost 5 DUIs a month, a piece.
As this firm has discussed before, in December of last year, York County created a DUI Enforcement Team to begin the statewide crackdown on drinking and driving. The whole reason of this teams being is to target drivers who consume alcohol and then drive a car, truck, or even motorcycle.
The Sheriff’s office has released statements saying that “ the initiatives have paid off and makes the county roads safer,” thus making the Enforcement team all worthwhile.
Moreover, in addition to the 39 DUI charges, the two deputies have issued nearly 500 traffic citations. These citations range from simple seat-belt violations to speeding coupled with reckless driving.
Accordingly, the new grant money for the DUI Enforcement Team helps pay for the deputies new patrol cars, salaries, and police equipment.
There were a total of 239 DUIs issued last year, and the sheriffi’s office has reported that this is a 61% increase in DUIs from the year before.
Of the 39 DUI charges given thus far, 33 of those people have gone to court and pled guilty to either drunk driving, or a mitigated lesser charge. Sadly, these 33 people went to court without the proper legal representation.
Don’t get caught up in the court system and feel like you need to go at it alone. Sometimes it seems easier to plead guilty and have the whole thing put behind you, before you have time to really think. At Reeves,Aiken, and Hightower, LLP, we are equipped to do all the thinking for you. We can go to court for you and fight for your rights against your DUI or other traffic citation charges.
Instead of pleading guilty, contact us today at 877-374-5999 and let us do the worrying for you. Your first consultation is free.
Apr 26, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Lexington, South Carolina man, who was accused of striking and killing another man
while he was walking down Lake Murray Boulevard this past January, has just been released from jail. This occurred about a week after the judge denied his bond, which was denied the day following the accident.
The man was released on a bond that was set at $250,000, when a Lexington County judge ruled that this amount would be sufficient, according to court records. Further, his conditional release stipulates that the man does not have any contact with the victim’s family, he must submit to random drug tests, and he must stay within a close proximity to Columbia, South Carolina.
The driver is employed as a Family Practice physician in Lexington. When officers inquired as to what caused him to hit the victim, he replied that he was swerving; and, that he blacked out, like narcolepsy, as he was trying to get home. This is according to the incident report. The man further stated that he had not been drinking that evening, although the officers report that his eyes were “bloodshot, watery, and droopy.”
After this, police had the man engage in a series of field sobriety tests, of which he allegedly performed poorly. However, alcohol was not present in the breath-test. He was taken to the Lexington Medical Center for further testing.
If you or a loved one has been charged with driving under the influence, or driving under the influence with great bodily injury or death, you must contact competent legal representation. The results of the drug and alcohol tests above have not been released to the public. If they come back negative, the man may have been being truthful when he stated that he was suffering from a form of narcolepsy. However, if they come back positive, he will likely be charged with DUI resulting in death, which can carry a stiff sentence.
Call the law offices of Reeves, Aiken & Hightower, LLP if you have any questions regarding a pending DUI charge in South Carolina. You can reach our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-4444. We will be pleased to assist you in any way we can.
Apr 25, 2013 | DUI & DWI, Felony DUI, Uncategorized
Four Hartsville, South Carolina Children have tragically died in a fire that took place in the mobile home they were residing in at the time. The
firefighters found the bodies on Wednesday afternoon after extinguishing the blaze.
The tragic accident did not seem to scorch the outside of the home; however, the inside was allegedly damaged to a greater extent. It appears as though the children died of asphyxiation from the smoke, but reports have not been filed at this point.
If you or a loved one has been injured in an accident of any kind, and there is a question as to whether somebody or some company were negligent, call 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. We know tragedies such as this one can alter the life of everyone involved, and we are here to help where we can.
Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. The crash occurred in Spartanburg,
and troopers say that the 64-year-old woman was driving south when she flew off the road, hit a tree, and killed her 59-year-old passenger.
She was arrested and charged with felony driving under the influence, according to the troopers. She is being detained at the Spartanburg County Detention Center, while the crash continues to be investigated by the SC Highway Patrol.
Felony DUI charges usually apply when a DUI offense has been accompanied by an accident which resulted in great bodily injury, or the death of another driver, or passenger. If a person is being accused of committing such a DUI offense, it is likely that the charge will result in a felony. Under South Carolina Code 56-5-2945, “great bodily injury” is defined as “any bodily injury that either causes great risk of death, or causes serious permanent disfigurement to any part of a person’s body.”
One who has been charged with Felony DUI as a result of the death of another driver or passenger will likely face even more serious charges. In the state of South Carolina, there were over 300 fatalities in 2011 involving drivers with blood alcohol concentrations over the legal limit. This makes up about 40% of the traffic fatalities in the state.
A person who has been charged with DUI resulting in “great bodily injury” may face 30 days to 15 years in prison, fines between $5000 and $10,000, and drivers license suspension during the jail-time in addition to three years.
Next, if the driver being charged has been involved in a DUI resulting in death, they may spend 1 to 25 years in prison, be assessed a mandatory fine of $10,000 to 25,000, and license suspension during the jail-time plus 5 years.
The following is the statute that speaks to DUI resulting in “great bodily injury:”
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.
The moral of the story here is that South Carolina does not take it easy on DUI offenders. The State is especially tough on Felony DUI cases. Therefore, it is imperative for you to retain a competent lawyer to handle your case. At the law offices of Reeves, Aiken & Hightower, LLP we have over 75 years of combined experience in assisting clients with concerns and problems. Give us a call at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Apr 17, 2013 | DUI & DWI, Felony DUI, Uncategorized
The South Carolina Highway Patrol has reported that a 22-year-old woman, who was traveling the wrong way on the westbound land of US 76 caused a collision with a 20-year-old male driver. Both drivers were brought to the Medical Center in Florence, South Carolina.
The woman is being charged with Felony DUI; however, she has not been booked yet due to the fact that she remains in the hospital. She was found to be traveling under the influence, and will be charged with Felony DUI because she caused great bodily injury to the other driver.
DUI fines and penalties in South Carolina vary with regard to whether the driver was a repeat offender; whether the person’s blood alcohol level is beyond a .16 or higher. In South Carolina, by a person’s fourth DUI, they will likely lose their license. However, South Carolina, as well as most other states is beginning to stiffen their DUI penalties. Many drivers, who are repeat offenders, or who have been charged with an aggravating DUI charge are forced to put ignition interlock systems in their vehicles; and, this is at their own expense.
Due to the often changing DUI laws in the state of South Carolina, it is very important for one who has been charged with a DUI to retain competent counsel. At Reeves, Aiken & Hightower, LLP, we have a combined 75 years experience and can help to resolve your problem to the best of our abilities. For a consultation, give us a call at toll-free 877-374-5999, and we will be happy to assist you.
