Sep 24, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 19-year-old man from York, South Carolina, has been charged with one count of Felony DUI resulting in death, two counts of felony DUI resulting in great bodily injury and driving 
under a suspended license. This is the second DUI for the man this year.
Police report that the man swerved from the right side of the road, struck a tree causing the car to flip over ejecting all four of the passengers. One of the passengers, an 18 year old Clover girl, was killed. The other passengers were taken to the hospital; however, they were not seriously injured.
This is a real situation that can demonstrate the charges a driver can face if they drive while under the influence. If people are injured or killed as a result of a DUI, the driver will be held accountable for such actions through the court system and face serious criminal charges. Felony DUI resulting in Death carries a possibility of up to 25 years in prison. The following illustrates the South Carolina Code of Laws with regard to Felony DUI:
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.
If you or someone you know has been charged with any crime, call the South Carolina criminal defense attorneys of Reeves, Aiken & Hightower at 877-374-5999 for a confidential consultation.
Sep 24, 2013 | Car Accidents, Criminal Defense, DUI & DWI, Uncategorized
A pedestrian was pronounced dead after he was hit by a speeding vehicle in the middle of the road Saturday night.
The South Carolina Highway Patrol stated that the vehicle was travelling on Highway 17, near Market Street, around 11:35 p.m., when the accident occurred.
Apparently, the defendant was a 44-year-old woman was driving down the road way, when she struck and killed a pedestrian who was wearing dark clothing. The defendant stated that the pedestrian was in the roadway, and the driver could not see her.
She said that she tried to swerve to avoid hitting the pedestrian, but the pedestrian stumbled towards the car, according to the defendant. Moreover, there were three passengers were in the car with the defendant at the time of the accident; carrying with her both her son and her two young grandchildren, when they all saw ” something” near the set of the train tracks.
The pedestrian and all of the people that were in the defendant’s vehicle were all taken to the closest hospital at Carolinas Medical Center. The defendant was not intoxicated, and states that “she did not mean to hit the pedestrian and is sorry for the family’s loss.”
The pedestrian’s name has not been released; and no one on the defendant’s vehicle was injured. The South Carolina Highway Patrol is still currently investigating the crime.
The state of South Carolina has adopted what is called ” comparative negligence.” According to S.C. Gen. Stat 15-38-15, the liability and responsibility on behalf of the defendant if for less than fifty per cent of total fault will be abolished. In other words, if the plaintiff is found to be at more fault then the defendant, then the defendant will not be held liable for the damage he causes unless his actions were willful, wanton, or the defendant was grossly negligent due to alcoholic beverage or drugs .S.C. Gen. Stat 15-38-15( 2012).
Moreover, in an action to recover damages resulting from personal injury or wrongful death resulting from tortious conduct where there are two or more defendants, the damages are divisible and to be determined by who was the proximate cause, if one was in fact more liable then the other.
This decision rests in the hands of the fact-finder. If there can be no proximate cause appointed to one or the other defendant, then the defendants will share in the liability jointly and severally. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact. S.C. Gen. Stat 15-38-15(2012).
Losing a love one is a terrible tragedy to handle. Furthermore, it is not one that should be handled alone. Contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-377-5999 and speak to one of our personal injuries or wrongful death attorneys today.
Sep 24, 2013 | Car Accidents, Criminal Defense, Personal Injury, Uncategorized
The Local Police Department has just released the details to a terrible tragedy where an 18-year-old girl lost her life in a single-car accident.
Accordingly, the young girl was driving her 1998 Honda Accord southbound on the highway, right before she reached the city’s limits. She was met by a sharp curve that she was not anticipating, and in an attempt to over-correct her vehicle, she lost control and went off the left side of the road, where she ultimately struck a tree.
As stated above, the wreck was just inside the city limits. Sadly, there was nothing the Medics could do when they arrived, and the young girl was pronounced dead on scene.
The next morning, hundreds of students from her high gathered together in memory of their beloved senior and friend.
There are no definite answers yet aside from the over-correcting of why the accident occurred. It may be assumed that if she was unprepared for the curve, then she was driving too fast under the conditions, and thus maybe though to of been recklessly driving. There are no details as to whether alcohol or any of substance was a factor.
In a situation as the aformentioned one, there is a possible claim for ” wrongful death.”
According to the South Carolina State Stautue 15-51-10, the civil action for a wrongful act that results in death is defined as ” whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony.” S. C. Gen Stat. 15-51-10( 2012).
In other words, a person operating a vehicle while under the influence of alcohol may be held liable for a civil action under a ” wrongful death claim.” The intent of the defendant has no bearings on the result.
Moreover, wrongful death actions in South Carolina are successful, only if the victim would have won the case if he had not perished. Furthermore, if the defendant dies, the victim’s family is still entitled to bring a civil suit agaisnt the defendant’s personal representative or estate.
If you or someone you know has been involved in a serious car accident, or charged with reckless driving, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 and talk to us about your situation. Call today or visit our homepage at www.rjrlaw.com.
Sep 23, 2013 | Car Accidents, Criminal Defense, DUI & DWI, Uncategorized
A man from South Carolina was arrested earlier this week after he wrecked his SUV and then ran from the local police.
Apparently, prior to the crashing of the SUV, the man was involving in a hit-and-run, which is what initiated the original police chase down in West Ashley.
The hit-and-run occurred at the corner of the Savannah Highway and Stocker Drive, just a little before 8:00 p.m. Wednesday night. By the time to police arrives at the hit-and-run site, the victim told the police that the man had been just been sitting at the light just seconds prior to the accident, when he was rear-ended by a Yukon SUV, pushing him out into the intersection.
The man driving the Yukon then darted from the scene and continued northbound down the Savannah highway as though nothing had happened.
There was another eye witness account that called the incident into the police, and told the local authorities that the Yukon driver was now at the corner of Lockwood and Wentworth Street. When the defendant saw the officers, he attempted to avoid the blue light by turning onto Barre Street off of Wentworth.
Officers then combined forces and went down different streets trying to cut off the evasive defendant. They finally ended their chase when the SUV rammed into another vehicle, rendering the Yukon inoperable.
The 50-year-old Mt. Pleasant resident then jumped out of his SUV and began to flee on foot. he was shortly after caught by the police hiding behind some bushes in a backyard of a resident’s home on Gadsden Street.
The defendant, once apprehended, admitted to be under the influence of alcohol. He was released from the Charleston County Detention Center on a $13,495 bond.
He is being charged for the following offenses: “failure to stop for blue lights, reckless driving, leaving the scene of an accident involving minor injury, and cited for driving too fast for conditions.”
So what does it mean to be involved in a hit-and-run accident in South Carolina?
According to South Carolina General Statute, Section 56-5-1210(A), a driver of a vehicle that is involved in an accident, that ultimately results in an injury or death of a person is mandatorily required to stop their vehicle at the scene of the accident, or as close to it as possible. S. C. Gen. Stat., Section 56-5-1210(A),(2012).
After the driver’s return, he is required to remain at the scene of the accident until he has fulfilled the requirements listed under the S.C. Gen. Stat. Section 56-5-1230. Id.
Section 56-5-1230 states in part, that the defendant may leave the scene of the crime, BUT only for a limited amount of time to report the accident. He is furthermore required to pull his vehicle out of the way of oncoming traffic, if possible, to prevent obstructing other drivers. S.C. Gen. Stat. Section 56-5-1230
A driver who fails to stop or to comply with the requirements of the aforementioned section is guilty of a hit-and-run, and punishable by:
“(1) a misdemeanor and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.” Id.
If you have been charged for a DUI, or any of the aforementioned crimes listed above, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999.
Sep 23, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Some local South Carolina Police Officers were called to the scene of a fight outside a bank’s ATM between two males. By the time the police arrived, there was only one male and a female outside, surrounded by multiple bystanders who had witnessed the prior altercation.
According to the police reports, the male’s face was extremely swollen, and he was completely inebriated, yet refused to have any medical treatment for his injuries. Apparently the female he was with was also very intoxicated as well. Due to her intoxicated state, she was unable to provide the police with the information they needed to find the initial culprit.
All the man would say is that he was assaulted by another man, who hit the man repeatedly, and then fled from the scene. He said he only knew the assailant by his “street name,” and could not give any other identifiable information. The victim said that he and the female pulled up to the ATM machine, when they noticed the assailant pulling in behind him. The suspect then leapt out of his vehicle, walked up to the victim’s window, and began to argue with him.
Apparently the assailant claimed that the victim owed him money for a long time, and he wanted to get “what he was owed.” He then repeatedly punched the man in the face. The victim jumped out of his vehicle at this point, and the two men were in a full on brawl.
When onlookers began to gather, the suspect jumped into his vehicle and sped away. The officers were forced to interview eye witnesses for more information, because the victim and his female passenger were too intoxicated.
The couple was forced to take a taxi cab home, because they were too drunk to drive in that condition. They left their vehicle at the scene and were to come pick it up the next day. In fact, the officers even offered to have a police officer patrol the lot to ensure the safety of the vehicle.
The victim did not heed the officers advice, and must of forgotten that the cops were patrolling the lot, when he came back later to get his car, and was still intoxicated.
When he got into his vehicle and began to drive away, he was arrested for a DUI.
So what happens in South Carolina when you receive your first DUI?
According to S. C Gen Stat. Section 56-5-2950, the state allows DUI convictions to be tried in front of a jury of so requested within 5 days by counsel. It is your choice whether or not you want the judge or the jury to serve as the fact-finder. S. C Gen Stat. Section 56-5-2950(2012).
When you have been charged with your first offense of a DUI in South Carolina, and your Blood Alcohol Level is less than a .015, your offense can be considered a misdemeanor, but will remain on your driving record forever. Unfortunately, there is no way to expunge a DUI from your record; misdemeanor or felony. Having the misdemeanor on your record can affect you for the rest or life.
Future employers are allowed to access this information, as it is public record. Insurance companies will raise your rates, and you will have a more costly insurance bill every year.
Furthermore, if you refuse to have your BAC level tested ( also known as “refusing the breathalyzer”) on your first offense, your license will AUTOMATICALLY be suspended for 90 days. If it is your second offense and you refuse, then your license will be suspended for double the time, at 180 days.
If you have been charged with a DUI, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999, for more information on how we can help you with your case. Visit our main page at www.rjrlaw.com
Sep 19, 2013 | Criminal Defense, DUI & DWI, Uncategorized
Everyone has heard one say to another about a traffic violation that “that is going to be 4 points on your license.” But what does that really mean?
In the state of South Carolina, every moving traffic violation affects the amount of “points” on your driving record and in turn, affects your insurance. In fact, reaching the maximum amount of “points” on your license will result in suspension or even revocation of your driver’s license completely.
According to the South Carolina DMV, they utilize the “point system,” in hopes to make the “problem” drivers to improve their negative driving mannerisms and aggressiveness, and protect those out there who are just innocent bystanders to the traffic violators. Reckless driving, for example can add some serious points to your license.
So how does it work? Legally, there must be a certain number of points that is assigned to each different type of traffic violations. Once you are found to be guilty of the traffic violations, the South Carolina Department of Motor Vehicles will make your driving record public to the appropriate authorities, and inform them of your violation.
Points not only reflect again your insurance, but they can also be reported to other states that you have licenses too. Your “record” then becomes public record and the more convictions you obtain, the more points you get. Certain violations have higher or lower than others. For example, failure to stop at a stop time can be 4 points on your license. Eventually, you will get your license suspended or revoked if too many points.
The good thing is that the points on your license will be reduced by half after one year according to the SCDMV. If there have been multiple convictions, then the point reduction system works according to the date of the conviction and the date that it was published on your record.
Obtaining too many points can result in the loss of your license. If you have received a traffic violation or a DUI, then contact the law offices of Reeves, Aiken, and Highower,LLP toll-free at 877-374-5999 for more information and help reducing your points.
