Apr 8, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Pacolet, South Carolina man was arrested after another man was allegedly run over by a car in the backyard of a home on Memorial Drive. The 50-year-old defendant was charged with driving under the influence with great bodily injury, and second-degree assault and battery, according to the arrest report. When the officers were called, they found that the assailant had allegedly backed over the 54-year-old victim with his truck; however, the defendant stated that the other man’s “leg was broken before the accident.”
The circumstances surround the arrest of the man occurred while EMS workers were assisting the victim, the driver pulled out a knife and the workers had to wrestle him to the ground. In addition to his drinking behind the wheel, the man’s knifing attempts resulted in another charge. He is being held at the Spartanburg County Detention Facility on a $15,000 bond.
If you or a loved one has been charged with DUI, DUI resulting in great bodily injury, or DUI resulting in death, give us a call for a consultation. You can reach us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444 or toll-free at 877-374-5999. We understand that bad decisions are very probable when drinking has been engaged in, and we are here to help with your case.
Apr 8, 2013 | DUI & DWI, Felony DUI, Uncategorized
In South Carolina, there is a voluminous backlog of DUI cases that Justice Jean Toal has ordered to be reduced. She has decreed that magistrate and municipal courts clear a backlog of thousands of alcohol related cases, and further require non-jury cases older than 60 days and jury cases older than 120 days to be closed.
This order has acted to clear roughly 11,000 cases; however, thousands of old cases remained with about 14,000 cases still awaiting a hearing. There are various factors that contribute to such congestion in these cases. One reason is that party-requested continuances have delayed cases going back for years.
One of the reasons for the back-log is that DUI Task Forces operate with a predominant goal of making more arrests for DUI. These measures have worked considerably in arresting those suspected of DUI; however, it has drastically contributed to the back-log. It has been reported that 42 percent of the cases that had been pending were dismissed, or simply dropped after Judge Toals order was made. This is a 12% increase from before the order.
In most “1st offense” DUI cases made by state troopers, the trooper is who represents the state as prosecutor. So, as the case progresses, the trooper will have to appear at the courthouse. If the case is delayed or continued, they will be forced to spend more time away from their patrol. Many feel that the troopers should not have to prosecute these cases because solicitors are generally more up to date on developments in the law, and understand legal procedure.
However, in order to have prosecutors handle these cases, the state has to put forth more resources to ensure that attorneys are the ones who are prosecuting the cases because they are more up to date on the developments in the law. Therefore, they are in a better position to access the best course of action in a given case. But, with the state budget where it stands, this is impossible.
Certain municipalities have taken a different approach by hiring private attorneys as part-time prosecutors. But, this approach only works to the level of the part-time prosecutor’s commitment, which may result in inefficiencies.
The complaints about the laws complexity also factor into this strata; especially with regard to the video recording law, and the subject of whether it is a matter of opinion that the driver is impaired. But, the proper use of these tools helps to make it easier to distinguish between a good case and a bad case.
If you or a loved one falls into this category; where you have been waiting for months to have your DUI prosecuted, and it is still sitting on the shelf, call the law offices of Reeves, Aiken & Hightower, LLP. We have taken on many South Carolina DUI cases, and understand the back-up the courts are faced with. For a consultation for an old or new DUI, or Felony DUI case, contact us at our Baxter Village office at 803-548-4444, or toll-free at 877-374-5999.
Apr 8, 2013 | Uncategorized, Workers' Compensation
Chapter 11 of the Workers’ Compensation Act addresses the various occupational diseases. An “occupational disease” is defined as the following:
“a disease arising out of and in the course of employment which is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation or employment as a direct result of continuous exposure to the normal working conditions of that particular trade, process, occupation, or employment.”
Often, there is no single incident to attribute the injury to; consequently, the South Carolina Legislature distinguished occupational diseases from injuries by accident, and has dedicated a chapter in the code to such diseases. In many respects, occupational diseases resemble injuries by accident.
The six elements of occupational disease claims are as follows:
- A disease;
- The disease must arise out of and in the course of the claimant’s employment;
- The disease must be due to hazards in excess of those hazards that are ordinarily incident to employment;
- The disease must be peculiar to the occupation in which the claimant was engaged;
- The hazard causing the disease must be one recognized as peculiar to a particular trade, process, occupation, or employment; and
- The disease must directly result from the claimant’s continuous exposure to the normal working conditions of the particular trade, process, occupation, or employment.
Next, there are certain impairments that are not categorized under occupational diseases. A disease will not be considered an occupational disease when:
- It does not result directly and naturally from exposure in this State to the hazards of peculiar to the particular employment;
- It results from exposure to outside climatic conditions;
- It is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside his employment;
- It is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and natural incident of an occupational disease or unless there is a constant exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;
- It is any disease of the cardiac, pulmonary or circulatory system not resulting directly from abnormal external gaseous pressure exerted upon the body or the natural entrance into the body through skin or natural orifices thereof or foreign organic or inorganic matter under the circumstances peculiar to the employment and the processes utilized therein; or
- It is any chronic disease of the skeletal joints.
Because it is so easy to confuse what constitutes an occupational disease, it is important to retain competent representation to help define what your condition is under South Carolina law. At Reeves, Aiken & Hightower, LLP, we have handled many workers compensation cases, and we understand how these conditions are to be defined. For a consultation, visit us at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999. We will be happy to assist you.
Apr 8, 2013 | Car Accidents, Pedestrian Accidents, Uncategorized
A pedestrian from Richland County was fatally wounded this past weekend when she was struck in her side by a vehicle just north of Columbia.
The accident took place around 9:00 p.m., near the intersection of U.S. 321 and Crane Church Road, as reported by the South Carolina Highway patrol team.
The Richland County Coroner has reported that the victim did not suffer immensely from her injuries for long, as she was pronounced dead at the local hospital upon arrival.
The Coroner was expected to release more information yesterday evening, after he got a chance to fully examine the body. As of right now, the only details being released is that the location and status of the victim.
There has yet to be any details discussed as to the cause of the accident; if there was any alcohol or other substance abuse involved; and if there are any charged being filed at this time.
Lance Cpl. Kelly of the Highway patrol has released the following statement in regards to the fatality: “”We are continuing to investigate and more details will be released when the initial investigation is finished. Until that time, our thoughts are with the vitcim’s family and loved ones.”
Sadly, pedestrian accidents are not as rare as one may hope. In fact, nearly 12 pedestrians are killed in a traffic-related accident every day in the United States. It is the duty of all road users to share the road and be alert to what is happening around them. Be smart when you are selecting your attire for a night jog; the lighter the clothing, the more likely you are to be seen by night drivers.
The trial attorneys of
Reeves Aiken & Hightower LLP, are experienced
pedestrian accident attorneys. They know the intricacies involved in these cases. As a former Registered Nurse (RN) working in intensive care, attorney
Robert J. Reeves understands complex anatomy and physiology and can explain trauma and autopsy findings. As former insurance defense attorneys, both Mr. Reeves and attorney
Tyler Burns know what to look for, and how to prepare for trial. We welcome the opportunity to sit down and personally discuss your case. Call us today for a private consultation. Call our Fort Mill office at
803-548-4444 or toll-free at 877-374-5999.Apr 5, 2013 | DUI & DWI, Felony DUI, Uncategorized
New Milford, North Carolina police stopped a man for driving at an excessive speed on Danbury Road. The result of the pullover was a DWI arrest for the driver. The 24-year-old failed several field sobriety tests, and it was determined that he was operating his car under the influence of alcohol and/or drugs.
The man was charged with DWI and traveling unreasonably fast. He was later released on a $500 bond. He will appear before the North Carolina Superior Court in Bantam County.
In North Carolina, if a driver is convicted of a DWI under North Carolina’s drunk driving statute, the driver is eligible for one of six levels of punishment. Level 5 being the least serious and Level 1 being the most serious.
In order to be a Level 5, the judge must find that there were no grossly aggravating factors, and that the mitigating factors substantially outweighed them. Punishment for a Level 5 is as follows: fine up to $200, imprisonment for 24 hours to 60 days, and at least 24 hours of community service to be completed within 30 days of the sentencing.
To find a Level 4, the judge must find that there were no grossly aggravating factors, and that they are balanced with mitigating factors, so they are equal. A person can face a fine of up to $500, and imprisonment between 48 hours, and 120 days. Further, if the sentence is suspended, the judge must impose imprisonment for 48 hours, or at least 48 hours of community service to be completed within 30 days.
Next, Level 3 is more severe, and here, there are no grossly aggravating factors, and they substantially outweigh mitigating factors. Punishment includes a fine of up to $1000 and imprisonment for between 72 hours at 6 months. Also, if the sentence is suspended the judge must pursue imprisonment of 72 hours; or at least 72 hours of community service to be completed within 90 days.
Level 2 is even more serious, and in order to find this the judge must find grossly aggravating factors. The judge will not weigh aggravating and mitigating factors. Punishment for a Level 2 DWI conviction involves a fine of up to $2000 and imprisonment for 7 days to 12 months. If the sentence is suspended, the judge must impose an active term of 7 days in jail.
Finally, punishment for a Level 1 DWI conviction involves a fine of up to $4000 and imprisonment for at least 30 days and up to two years. And, an aggravated Level 1 is the most severe misdemeanor DWI level. If a judge finds more than two grossly aggravating factors, the driver is sentenced to aggravated Level 1 punishment which includes a fine of up to $10,000 and imprisonment for between 120 days and 3 years.
If you or a loved one has been charged with DUI or Felony DUI, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can contact our Charlotte, North Carolina office at 704-499-9000, or our Fort Mill, South Carolina office at 803-548-4444, or toll free at 877-374-5999.
Apr 5, 2013 | Car Accidents, Uncategorized
A man, who was in the process of moving to North Carolina, was killed in a one-vehicle accident. The 38-year-old died at the scene of the accident along Route 17 near River Bend, which is in eastern North Carolina.
The man was a passenger in the vehicle, which was driven by a 43-year, of New Bern, NC, according to police. The woman was allegedly speeding, when she ran from the road into a median and lost control of the vehicle. The vehicle overturned several times, and landed on its roof in the southbound lane.
The man was ejected from the vehicle, and thereafter was airlifted to Vidant Medical Center. Charges are pending against the woman.
If you or a loved one has been injured or killed in a vehicle collision, call the law offices of Reeves, Aiken & Hightower, LLP. We can help you with your personal injury claim. For a consultation, you can reach our Charlotte, North Carolina office at 704-499-9000. Further, if you have been injured in South Carolina, you can reach our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
