Nov 7, 2013 | Criminal Defense, General, License Revocation, Uncategorized
According to both South Carolina law and the South Carolina Department of Transportation (SCDOT) have agreed that after a dozen (12) points on your license, it shall be suspended. The length of time for each person will be different, according to your previous record, and amount of points previously accrued.
South Carolina states the following for suspension times: “12 -15 points: three months suspension; “16 -17 points: four months suspension; “18 – 19 points: five months suspension, and lastly, “20 or more points: your license will be suspended for six months.”
After you have reached half of the allotted points on your license, which is 6, you will most likely receive a letter from the DMV, “advising you to drive more carefully.” In other words, the SCDMV is warning you that if you continue on the path you are with traffic violations, then your consequences may be grave and your driving privileges could be suspended.
However, after you have obtained 12 points on your license, you are ordered to immediately surrender your license over the DMV. If you do not do so, you will have to pay a large fine or maybe even go to jail.
This is the same response if one refuses to blow into a breathalyzer when they get a DUI. According to the implied consent laws of South Carolina, having a license is a privilege and not a right. Therefore, once you get a license, you have consented to surrendering your license in the event that you refuse to blow into a breathalyzer when pulled over for suspicion of a DUI. If it turns up you are over the legal limit, you will also lose your license.
If you are convicted of a DUI for the implied consent laws of South Carolina, or for having too many points on your driver’s license, then you should contact an attorney to help you with the complex system. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on your options.
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 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.
Oct 3, 2013 | Criminal Defense, General, Uncategorized
The answer can be found in SC SECTION Code 56-5-750; failure to stop motor vehicle when signaled by law-enforcement vehicle.
Accordingly, the statute states that unless there are other mitigating circumstances, such as a man driving his wife to the hospital when she is in labor, then when a person fails to stop on any sort of road, highway, or street for a law enforcement officer of vehicle by means of flashing lights or sirens, he is guilty of the aforementioned crime. SC SECTION Code 56-5-750(A)
Moreover, if the defendant increases his speed after the police lights have been turned on, it is considered a prima facie case of “failure to stop,” and can be a misdemeanor or felony depending on the circumstances. Failure to see the flashing light or hear the siren will not be considered an excuse for a failure to stop. “when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. ” Id.
If it is just the persons first offense, and there is no great bodily injury that occurred due to the violation, the person will be found guilty of a misdemeanor and must pay a fine of $500 or go to prison for no less than 3 months, and no more than 3 years. Moreover, the defendant’s license will be suspended for at least 30 days. Id.
However, if it is the second or subsequent offense, and no great bodily injury occurred, then the person will be guilty of a felony, and will be imprisoned for no more than 5 years. When they are released from prison, their license will be suspended for one year thereafter.
If you or someone you know if found to be guilty of “fleeing from the police,” contact the criminal defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free 877-374-5999 for more information.
Sep 30, 2013 | Criminal Defense, Felony DUI, General, Uncategorized
Even the famous cannot escape the law. This holds true for one of the stars of the now famous “Myrtle Manor.”
This 21-year-olds had to learn the hard way that even fame can’t protect you from violating the law when they were both charged with DUIs over the weekend.
According to the local paper, this original reason the “starts” were pulled over was for a routine traffic stop. The driver was speeding at 62 m.p.h. in a 45 m.p.h. zone. The officer saw the speeding car and pulled the duo over.
When he reached the driver’s window, the smell of alcohol was effervescing from the vehicle. At that point, the officer asked the girl to step out of the vehicle, and saw an open container sticking out from under her driver seat.
The girl’s BAC level was at a .15, which is right at the boarder of what is considered a “extremely high BAC level.” In South Carolina, an ignition interlock is only necessary if the defendant blows over a .16. In South Carolina, when you teeter on that line, the court may or may not require the ignition interlock. If she were in North Carolina, that BAC level would require her to have an ignition interlock installed in her vehicle.
In her case, she was not required to have an ignition interlock installed in her vehicle.
Anytime you are arrested for a DUI, the prudent decision is to contact an experienced attorney as soon as possible. The penalties associated with this charge can range anywhere from a license suspension, to monetary fines, ignition interlocks, or even jail time.
If you have been charged with a DUI in North or South Carolina, contact the experienced DUI attorneys at Reeves, Aiken, and Hightower, LLP for assistance with your case toll free at 877-374-5999 or locally at 843-901-0380.
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
