Jun 28, 2012 | DUI & DWI, Uncategorized
Two SC felony offenses are somewhat confusingly similar. Felony DUI and reckless homicide are almost interchangeably chargeable, i.e. if the accused has allegedly killed someone in an automobile accident, in a lot of factual scenarios either Felony DUI or reckless homicide can be charged. If a reckless homicide involves alcohol it could almost always be charged as a Felony DUI.
What is the difference though between a Felony DUI and a Reckless Homicide?
Felony DUI requires that the accused:
- Operated a vehicle under the influence of drugs or alcohol or both, and
- Did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently, and
- Proximately caused great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists (proximate causation is limited in time to 3 years)
For more information see What is a Felony DUI?
Reckless Homicide, a different felony, on the other hand requires:
- the accused drove in reckless disregard for the safety of others, and
- death ensues within three years as a proximate result of injury received by the above reckless driving.
Basically, all that means is the accused must have proximately caused a death by his or her reckless driving.
So, what are the differences in the offense:
- Reckless Homicide doesn’t require alcohol or drugs
- Reckless Homicide requires the accused to have acted recklessly, breaking a traffic law may not be enough.
- Reckless Homicide requires the accused to have proximately caused a death, although Felony DUI can also be charged to an accused who caused a death.
The main difference though lies in the penalties:
| Felony DUI |
Reckless Homicide |
For causing great bodily injury:
- 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail,
- $5,000 to $10,100 mandatory fine,
- driver’s license is suspended for the term of imprisonment plus three years.
|
Not applicable to causing great injury |
For causing death:
- 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail,
- $10,100 to $25,100 mandatory fine, and
- driver’s license is suspended for the term of imprisonment plus five years.
|
For causing death:either or both:
- $1,000 to $5,000
- up to 10 years in prison,
and a 5 year driver’s license suspension, but reducible to 1 year if certain conditions are met |
SC DUI Attorney
If you have been charged with felony DUI or any other crime, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 28, 2012 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Last week a Rock Hill woman, Cassandra Tolley, age 28, plead guilty to Felony DUI. Back in November of 2011, Tolley drove down the wrong side of Porter Rd. striking an oncoming car. Both passengers in the car struck by Tolley suffered serious injuries. At the time of her arrest, Tolley’s blood alcohol concentration was .33, nearly 3 times the legal limit. Tolley also tested positive for prescription drugs.
In South Carolina Felony DUI carries a maximum sentence of 15 years. Tolley received an 8 year prison sentence as well as 5 years probation.
Serious DUI/DUAC Attorneys
If you have been charged with any drunk driving offense, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 27, 2012 | Uncategorized, Workers' Compensation
Often, when you have been hurt on the job, doctors will at first remove you from work entirely while you heal. During this time, you will generally get compensated at 2/3’s of your weekly wages after the first 7 days you are out of work. When the doctor your employer’s workers compensation insurance carrier chose for you determines you are able to go back to work, your benefits end (if not before). What if the doctor allows you to go back to work on light duty though?
If you are offered the opportunity to go to light duty employment by the doctor, you must take it. If you do not, you will lose all workers compensation benefits until you return to work. Fortunately though, if your employer is paying you less than 2/3’s of your weekly wages before the accident, you are entitled to the difference between what you are being paid and that 2/3’s figure, to bridge the gap.
If you feel that you are unable to perform the light duty work assigned, you should contact an attorney to be able to fully exercise your rights at a hearing. At the hearing, the Workers Compensation Commission will review the doctor’s determination and decide whether you are capable of performing the light duty work.
Workers Compensation Lawyers in South Carolina
If you’ve been hurt on the job, contact the experienced workers compensation lawyers at Reeves, Aiken, & Hightower. We know the South Carolina worker’s compensation system and are ready to get you the recovery you deserve. Browse our website, examine our credentials, and compare them to any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 27, 2012 | Brain Injury/Head Trauma, Uncategorized
Anosmia, or the loss of one’s sense of smell is an oddball disorder, but is surprisingly common. The loss of the critical sense of smell would seemingly be more likely to be caused by a brain disorder or sinus problems can be caused by traumatic brain injury. Traumatic brain injury is in fact the cause in 30% of the cases of anosmia. Who knew?
A simple concussion can be sufficient to trigger the severing of the olfactory nerves causing a total loss of the sense of smell. Obviously, traumatic brain injury would be enough to cause it as well.
Other possible causes are the results of either surgical accident or negligent brain surgery.
Traumatic Brain Injury Attorneys
If you think you or someone you know have suffered a brain injury, seek medical help immediately. Then seek the counsel of experienced brain injury attorneys like those at Reeves, Aiken, & Hightower. We know how to fight for you and your family in serious brain injury cases. Compare our credentials to any other law firm. Then call 877-374-5999 or contact us at this link for a private consultation.
Jun 27, 2012 | Boating Accidents, Uncategorized
Boating, when proper care is taken, is a fairly safe activity, but you still might wonder what the most dangerous boats on the water are. The most accident prone watercraft in order are:
- Open motorboats – 2,220 deaths and injuries per year
- Personal Watercraft (PWC) – 1,049 deaths and injuries per year
- Cabin Motorboats – 336 deaths and injuries per year
- Canoes and Kayaks – 200 deaths and injuries per year
- Pontoon Boats – 127 deaths and injuries per year
The most dangerous contributing factors were found to be (although 1860 annual deaths and injuries were attributable to other causes):
- Operator inattention – 628 deaths and injuries per year
- Careless Operation – 552 deaths and injuries per year
- Passenger or Skier Behavior – 492 deaths and injuries per year
- Excessive Speed – 473 deaths and injuries per year
- Alcohol – 391 deaths and injuries per year
The most dangerous bodies of water, as measured by number of accidents, were:
- Lakes, ponds, reservoir, dams, and gravel pits – 2,409 annual accidents (340 deaths/1,814 injuries)
- Rivers, streams, and creeks – 1,088 annual accidents (153 deaths/845 injuries
- Bays, inlets, sounds, and harbors – 657 annual accidents (75 deaths/407 injuries)
- Open water – 138 annual accidents (51 deaths/149 injuries)
- The Great Lakes – 106 annual accidents (34 deaths/64 injuries)
The source of all of these statistics is the US Coast Guard Boating Safety Accident Report.
Boating Accident Lawyers
When you’ve been in a boating accident, the experienced boat accident attorneys at Reeves, Aiken & Hightower are ready to fight for you. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation. Our practice spans the Carolinas, we can come to you.
Jun 27, 2012 | Uncategorized
The US Coast Guard will join local and state law enforcement in cracking down on boating under the influence this weekend.
The annual Operation Dry Water effort aims to educate boaters about the dangers of drinking while piloting boats. However, the US Coast Guard plans to help in stepping up enforcement as well. From a Coast Guard press release: “Officers will be looking for boaters whose blood alcohol content exceeds the state limit of .08. The operation will include increased patrols, breathalyzer tests and boater education outreach efforts.”
Boaters can expect to see more dinghies on the water this weekend.
BUI Lawyers
When you’ve been charged with BUI, the experienced attorneys at Reeves, Aiken & Hightower are ready to fight for you. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
For the whole press release click here: Coast Guard law enforcement officers gear up for 2012 Operation Dry Water
