Jun 18, 2012 | DUI & DWI, Uncategorized
As DUI law has developed in South Carolina and as public opinion has increasingly turned against individuals who find themselves with DUI charges, the penalties for DUI convictions and consequently DUI pleas have gotten stricter. The state legislature has taken increasing amounts of discretion away from judges to sentence based on the merits in each case and the character and individual traits of each defendant.
Today, there is mandatory minimum sentencing for every DUI based on past DUIs and the blood alcohol content at the time of arrest.
| BAC: |
Less than 0.10% |
0.10%-0.15% |
0.16% or more |
| First Offense |
- 6 month license suspension
- $400 Fine
- 48 hours jail or public service up to 30 days jail
|
- 6 month license suspension
- $500 Fine
- 72 hours jail or public service up to 30 days jail
|
- 6 month license suspension
- $1,000 Fine
- Minimum 30 days jail up to 90 days jail
|
| Second Offense |
- 1 year License suspension
- $2,100-$5,100 Fine
- Jail – 5 days to 1 year
|
- 1 year license suspension
- $2,500-$5,500 Fine
- Jail – 30 days to 2 years
|
- 1 year license suspension
- $3,500-$6,500 Fine
- Jail – 90 days to 3 years
|
| Third Offense |
- 2 year license suspension
- $3,800-$6,300 Fine
- Jail – 60 days to 3 years
|
- 2 year license suspension
- $5,000-$7,500 Fine
- Jail – 90 days to 4 years
|
- 2 year license suspension
- $7,500-$10,000 Fine
- Jail – 6 months to 5 years
|
| Fourth (and later) Offense |
- Permanent license revocation
- Jail – 1 to 5 years
|
- Permanent license revocation
- Jail – 2 to 6 years
|
- Permanent license revocation
- Jail – 3 to 7 years
|
For first time DUI’s, the court may offer public service instead of jail time, but the court cannot make you accept public service instead of jail. Also, for first time DUI’s, the legislature has directed the courts to allow those convicted of DUI to serve their public service or jail time in such a way as to avoid interfering with employment, such as on the weekends.
In second and subsequent DUI offenses, the court will order that an ignition interlock device be installed in the defendant’s car at the defendant’s expense, upon conviction.
In addition to these minimum sentences, prosecutors are not allowed to bargain DUIs down to a wet reckless charge, which is allowed in some states. These sort of charges involve acknowledging that alcohol was involved, but in a charge less serious than DUI but more serious than reckless driving. Plea bargaining is still possible, but on different terms than in other states.
Keep in mind also that the DMV is required to collect and publish the names of all those whose licenses have been revoked due to DUI convictions.
The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been charged with DUI in SC. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 or contact us by email for a private, confidential consultation to review your particular case.
Jun 18, 2012 | Boating Accidents, Uncategorized
With more and more boats on the water, it isn’t surprising that there are an increasing number of boating accidents. It is estimated that recreational and commercial boating has nearly tripled over the last decade, with over 14 million boats and personal watercraft currently registered in the United States today. According to the U.S. Coast Guard, there are currently over 8,600 boat crashes each year, and these accidents leave over 900 people dead and almost 4,500 seriously injured.
Powerboats are the most common in these accidents, especially speed boats, cabin cruisers and jet skis, although sailboats hold their own dangers.
Personal injury most often results from the trauma from the collision itself or from propellers.
The most common causes of boating accidents include:
- Capsizing
- Sinking or flooding
- Falls overboard
- Collisions
- Fire
- Explosions
- Disappearance
- Bad weather conditions
- Driver error
Any time you have gotten injured in a boating accident, as with any accident, it is probably best to seek medical attention. In event of an injury that is not treated immediately after an accident, defendants will try to argue that the accident was not the cause or sole cause of your injuries.
An experienced boating accident attorney like those at Reeves, Aiken, & Hightower can help you if you have been injured in a boating accident involving:
- Recklessness of other boaters
- Impaired boaters – boating under the influence of drugs or alcohol
- Water skiing accidents
- Jet ski accidents
- Personal watercraft
- Recklessness of other boaters
- Overcrowding conditions
- Failure to provide personal floatation devices
- Speeding
- Any other violations of state boating laws
Browse our website, compare our credentials to those of any firm, and call us at 877-374-5999 or email us for a free private consultation.
Jun 18, 2012 | Uncategorized, Workers' Compensation
When you have been injured at work you need to know how to make sure you get the compensation. If you are ever uncertain about what you need to do, contact an experienced workers compensation attorney. To protect your claim, the first thing you have to do is notify your employer of your injuries. The second thing is filing a completed form 50 or 52 with the South Carolina Workers’ Compensation Commission: Form 50, if you yourself were injured, or Form 52, if you are filing a claim for a deceased loved one.
This is a deceptively simple process, especially if your employer plans to challenge your claim. Missing deadlines or improperly reporting your incident could mean that you lose your right to any recovery at all.
Notification
What does the first step mean? You must notify your employer, but what exactly is required? Basically, you must tell your employer about your accident within 90 days, but you should get your claim rolling as soon as possible after the accident. If you have missed the 90-day deadline there are a few exceptions, such as:
- If the employer actually knew of the accident before the deadline;
- If you were physically or mentally incapable of reporting your injuries;
- If you were the victim of fraud or deceit of a third party.
It is your employer’s responsibility to file with the SC Workers Compensation Commission, but if you believe that your employer has not reported your claim or is selling your claim short, you may file your own claim.
Filing
If your employer is not dealing with your claim to your satisfaction, you can either file the claim yourself or for your deceased relative, using forms 50 or 52, or you can get the help of an experienced workers compensation attorney. The forms contains questions relating to your injury like who you are, what happened, and what were your wages at the time. This isn’t the most complicated stuff, but it is never a bad idea to get an experienced set of eyes on a document that could seriously affect your life.
Hearing
The form will also ask you if you want a hearing. In South Carolina, if your employer refuses to compensate you for your injury, you have the right to request a hearing before the SC Workers Comp Commission. At your hearing, one of the commissioners will decide what to do with your claim. If you are thinking about requesting a hearing, you should definitely speak to an attorney first.
Attorney for Workers Comp Claim
The SC workers comp attorneys at Reeves, Aiken, & Hightower know the South Carolina worker’s compensation system and are ready to get you the recovery you deserve. Peruse our website, examine our credentials to any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 18, 2012 | Brain Injury/Head Trauma, Uncategorized
Unless you are a doctor (or an experienced brain injury attorney), you may not have a good idea of what a traumatic brain injury is or would mean for you or for someone you know.
A traumatic brain injury is a brain injury caused by damage from a sudden force, or other trauma, to the brain. These brain injuries usually result from a sudden collision with an object or when an object pierces the skull and touches brain tissue. These injuries can occur in a car accident, in a boating accident, on the job, skiing, or anywhere enough force is being through around. Traumatic brain damage is not always severe, but can also produce mild and moderate symptoms. A brain injury sufferer may not even know they have been injured, or the symptoms can be immediately acute.
What are the immediate symptoms? (remember this is neither medical or legal advice, see a doctor or an experienced brain injury attorney as appropriate). You might imagine that you would necessarily lose consciousness, but in mild cases, you may retain consciousness. In more serious cases, you may lose consciousness up to a few minutes.
Later symptoms for mild traumatic brain injury include:
- headache
- confusion
- lightheadness
- dizziness
- blurred vision
- tired eyes ringing in the ears
- bad taste in the mouth
- fatigue
- lethargy
- change in sleep patterns
- behavior and mood changes
- trouble with memory, concentration, attention, or thinking
In moderate and severe cases, traumatic brain injury might show some of those symptoms and also:
- headache that gets worse or doesn’t go away
- repeated vomiting or nausea
- convulsions
- seizures
- inability to wake from sleep
- dilation of one or both pupils of the eyes
- slurred speech
- weakness or numbness in the extremities
- loss of coordination
- increased confusion, restlessness, or agitation
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. Don’t worry. We are here for you.
Jun 17, 2012 | DUI & DWI, Uncategorized
South Carolina is now trying to increase penalties for those arrested and charged with DUI in the state. A new bill which is currently proposed in SC is aiming to pose higher penalties for those arrested for DUI. Currently in SC drivers who are arrested for DUI and refuse to take the breathalyzer test will lose their driver’s license for 90 days. If the new bill passes if a driver refuses to take the test he will have his license suspended for 1 year. However if a driver does take the breathalyzer test the length of the driver’s license suspension will vary depending on his BAC at the time the breathalyzer is administered. Other parts of the bill that are proposed will increase jail time for DUI depending on the driver’s BAC. In SC right now penalties for DUI may range from 48 hours to 5 years in prison. Under the new bill if a driver blows between .08 and .010 he will spend 48 hours in jail while those who blow a 0.16 or above on a 4th offense or more will face 7 years in prison. While the law should punish those who are posing a hazard while driving, potential issues with the proposed law may unfairly enforce stricter punishment on those who may not deserve a harsher penalty such as losing the ability to driver for 1 year.
The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been charged with DUI in SC. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
South Carolina DUI Bill Aims to Step Up the Fight Against Drunk Driving in the State
A proposed South Carolina DUI bill would mandate one-year driver’s license suspensions following breath test refusals, align DUI penalties with rising BAC levels on a tiered system of severity, and dramatically change the DUI laws in the state.
A subcommittee of the S.C. Impaired Driving Prevention Council unanimously passed a DUI bill on January 22nd which would up the ante for a South Carolina breathalyzer refusal from the current penalty of a 90-day license suspension to a one-year suspension. If the bill passes the full council, it could be introduced to the state legislature by early February, according to an online story of The State.
Specifically, the proposed drunken driving bill would attempt to stiffen South Carolina DUI laws that many critics feel are some of the weakest in the country and have contributed to the state having top-ten death rates in alcohol-related crashes in the past.
Under the new bill:
- DUI penalties would increase with blood alcohol levels and the number of offenses. For example, a first time offender who registers a BAC of 0.08% (the legal limit in all 50 states) but less than 0.10% would spend 48 hours in jail. Fourth and subsequent offenses of driving with a level of at least 0.16% would face seven years in prison. Current South Carolina DUI penalties range from 48 hours in jail to five years in prison, regardless of BAC levels.
- Failing a breathalyzer test would mean different lengths of driver’s license suspensions based on BAC. The proposed bill would automatically suspend a driver’s license for two months for any suspect who blows a 0.10% or higher. Current South Carolina DUI law mandates an automatic 30-day suspension for suspects who register BAC levels of 0.15%. Under the new DUI bill, the suspension would be six months for BAC levels at 0.20% or higher.
- DUI language would be changed. Current South Carolina DUI law makes it illegal to be “driving under the influence”. The new bill would change the language to “operating under the influence,” which some opponents believe would allow a person who is sitting in a parked but running car to be stopped on suspicion of DUI.
- South Carolina police would not be required to warn DUI suspects about self-incrimination before administering breath and field sobriety tests.
Like most pieces of legislation, the 27-page South Carolina DUI bill has its proponents and opponents. Jeff Moore, Chairman of the council subcommittee that drafted the bill, said in The State story that he believes the legislation can make a difference if passed. One South Carolina DUI lawyer complained in the story that the bill would be unfair to certain types of suspects.
Regardless of these conflicting opinions, the new South Carolina DUI bill reflects an increased effort by the state to crackdown on drunk driving. South Carolina Governor Mark Sanford recently called for tougher DUI laws in his State Address.
This proposed bill is a good example of how proposed changes to DUI laws in not only South Carolina but many other states are commonly seen at this time each year, and how drunk driving is an issue requiring constant attention, monitoring and progress.
Copyright © 2012 TotalDUI, LLC. (as licensee). All rights reserved
Jun 15, 2012 | Uncategorized
As DUI laws have become tougher and more heavily enforced so have BUI laws. If arrested for a BUI in SC, here are the current statutory penalties, including fines, jail time, and loss of boat operation privileges:
For the first offense of BUI
- $200 fine, OR
- 48 hours to 30 days jail time or 48 hours public service
For the second offense of BUI
- $2000-$5000 fine, AND
- 48 hours to 1 year jail or 10 days public service
For the third offense of BUI
- $3000-$6000 fine, AND
- 60 days to 1 year jail time
In addition to these penalties, there is also suspension of boating privileges:
- 6 months for the first BUI,
- 1 year for the second BUI, and
- 2 years for the third BUI
Fight your BUI with the experienced BUI attorneys of Reeves Aiken & Hightower LLP. We encourage you to carefully review the materials in this website and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
If you want to wade through the statute yourself, it is reproduced below the fold:
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