Earlier this year in March, a 30-year-old man from South Carolina was driving down Interstate-26 with a female passenger, aged 29, and her two minor children.
The mother has three children, but only the three-year-old and the one-year-old were in the car at the time of the accident.
Apparently, the man was driving under the influence of alcohol at the time of the car accident. It was unclear how he flipped the car over, but the investigation can tell by the skid marks that it appears as though he was attempting to avoid hitting another vehicle, and turned his car too far to the left, flipped the vehicle over on its side.
The woman and both of the minor children were rushed to the hospital for immediate treatment. The woman was sadly pronounced dead shortly after arrival. It is clear according to the County Coroner that the woman did in fact die from injuries sustained from the car accident.
The defendant was taken to the Al Cannon Detention Center, where is he being held until his bond of $94,665 is met.
Summarily, the man is now being charged heftily for this fatal accident: specifically, “two counts of child endangerment and a felony charge of driving under the influence of alcohol resulting in death and great bodily injury.”
What is a Felony DUI in South Carolina?
According to South Carolina’s General Statute §56-5-2945, a person will be charged with a Felony DUI when the accident results in great bodily harm or death.
Great bodily injury exists when a person who, while under the influence of alcohol, drugs, or the combination thereof, operates a vehicle and when driving the vehicle does in fact cause great bodily injury to the victim. That defendant is then guilty of a felony, and upon conviction must be punished with a mandatory fine of not less than $5,100 nor more than $10,100 in conjunction with mandatory imprisonment for not less than 30 days, and nor more than 15 years. S.C. Gen. Stat. §56-5-2945(2010)
Moreover, when a death results from a person who, while under the influence of alcohol, drugs, does in fact cause great bodily injury that results in death, shall be considered guilty of a felony, and upon conviction must pay a mandatory fine of not less than $10,100 nor more than $25,100 and mandatory imprisonment for not less than 1 year nor more than 25 years. S.C. Gen. Stat. §56-5-2945( 2010)
If a person is in fact charged with a Felony DUI resulting from death, then the mandatory sentences described above may not be suspended, and no probation shall be granted for the defendant. S.C. Gen. Stat. §56-5-2945(2010)
If you or a loved one has been charged with DUI or Felony DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP, at 877-374-5999, for more information on your options.