Oct 8, 2013 | Criminal Defense, DUI & DWI, Uncategorized
In South Carolina, if a driver is pulled to the side of the road and suspected of DUI, the police may no longer administer a breathalyzer test without a warrant, or consent in the majority of cases.
A recent Supreme Court ruling has decided that a man, who was given a blood test without his permission or a warrant, was not to be charged after evidence of the breath-test was offered. Two lower courts tossed out the evidence, which is why the case was brought before the Supreme Court. The SC upheld the lower court’s ruling that the dissipation of alcohol in someone’s blood stream was not sufficient to override the requirement that police get a warrant before subjecting that person to a blood test.
In this particular case, the driver was pulled to the side of the road after the officer observed the man speeding and swerving.
When the officer approached the car, he found that the man had been charged with two previous drunk driving incidents. The man also failed several field sobriety tests, and after he refused to submit to the breath-test, the officer drove him to the hospital to give the man an official blood test.
However, the man had never agreed to do so, and the officer had never obtained a warrant. While, in the State of South Carolina, officer testimony regarding a driver’s intoxication is permitted, the problem in this case is that the officer used the tainted breath-test evidence. All of the courts here found that the evidence was inadmissible.
If you or a loved one has been charged with a DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation toll-free at 877-374-5999.
Oct 7, 2013 | Bicycling Accidents, Boating Accidents, Bus Accidents, Car Accidents, Uncategorized
The central idea behind the theory of negligence is that people must exercise reasonable care when they act (any activity from driving your car to laying asphalt). This takes into account the fact that
any act may cause the harm of another person. If an injured person proves that another person acted negligently, the action of which caused injury, the plaintiff may claim monetary damages.
Negligence cases are very fact specific, where the plaintiff has the burden of proving that the defendant’s accidental injury not only caused the harm, but was followed through in an unreasonable manner. Further, damages must be proven.
Now, where do we start? In South Carolina, the statute of limitations during which suit may be brought on the theory of negligence is three years. This means that if a period of three years has passed since the negligent act, suit may no longer be brought. Further, South Carolina uses the doctrine of modified comparative negligence to assign fault.
This system has two important aspects: (1) the injured party may recover only if he or she is less than 50 percent at fault; and (2) if the injured party was also negligent, the originally negligent party is only liable for the percentage of damages he or she caused.
Therefore, if the jury finds that a driver is 70 percent negligent and the other driver is 30 percent negligent, the person who is 30 percent negligent will collect 70 percent of his or her damages. Also, if either driver is more than 50 percent negligent, that driver will recover nothing.
If you or a loved one has been involved in an accident in South Carolina that may have been the result of someone’s negligence, contact the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or 877-374-5999.
Oct 7, 2013 | Assault and Battery, Negligent Infliction of Emotional Distress, Personal Injury, Uncategorized
How long do you have to file a personal injury suit in South Carolina?
When you are injured in South Carolina, you only have a limited time to file your personal injury suit. Bottom line. Depending on what your injury is, or what type of suit you are filing, will affect the time that you have the bring suit.
The set amount of time that you have to file you suit is referred to as the “statute of limitations.” There are even certain circumstances where if the person becomes aware, or should have become aware of the injury. This is found under any federal or state rule called the “Discovery Rule.”
Most importantly, South Carolina statute of limitations laws may differ from those of other states. Here is the comprehensive list of how long a person has after having a personal injury occur in their life to file suit in South Carolina:
1: If the claim is one of negligence, such as a car accident, or a slip and fall case, you have three years from the date of injury to file suit.
2. If the plaintiff wishes to file a civil suit against the defendant for assault or battery, they have three years to file suit from the date of incident.
3. If there is a claim the plaintiff is making for defamation, they have two years after the defendant “publicized” the false statement to bring suit. This personal injury is more one towards reputation.
4. All strict liability claims, meaning that there is no fault on part of the defendant, but he is still forced to pay, must be brought within three years.
5. If there is an injury due to a product malfunction, under a South Carolina product’s liability claim, the plaintiff has three years to bring suit since the date of injury.
6. Lastly, when the victim/plaintiff is killed in a wrongful accident, the family or estate of the victim has three years to bring suit against the defendant.
If you have become victim to any of the aforementioned injuries listed above, contact the personal injury attorneys at 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.
Oct 1, 2013 | Car Accidents, Criminal Defense, Uncategorized
The answer to the question is yes, you can be criminally charged when you leave the scene of an accident that you are involved in.
In the state of South Carolina, it is a misdemeanor, and perhaps a felony, to leave the scene of an accident after being involved in one.
If the accident is a minor one, then you will probably just be charged with a misdemeanor, unless there has been serious bodily injury or death. The only exception for leaving the scene is in the event you did so looking for emergency attention. You must then return to the scene with the other victim involved.
In that event, you will be charged with a “felony leaving the scene of the accident,” with fines ranging anywhere from $5000 to $25,000, and up to 25 years in a federal or state prison. These penaltites are typically tacked on when a person is subsequently being charged with reckless homicide or felony DWI.
It is important to know that when you do contact an emergency entity, you are being recording, so under such circumstances, you should monitor your excited utterances. You may or may not be the cause of the accident.
Whether you are the victim in a personal injury suit, or whether you are the person at fault and allegedly being called the defendant, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free for 877-374-5999 for more information
