Jun 28, 2012 | DUI & DWI, Uncategorized
Two SC felony offenses are somewhat confusingly similar. Felony DUI and reckless homicide are almost interchangeably chargeable, i.e. if the accused has allegedly killed someone in an automobile accident, in a lot of factual scenarios either Felony DUI or reckless homicide can be charged. If a reckless homicide involves alcohol it could almost always be charged as a Felony DUI.
What is the difference though between a Felony DUI and a Reckless Homicide?
Felony DUI requires that the accused:
- Operated a vehicle under the influence of drugs or alcohol or both, and
- Did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently, and
- Proximately caused great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists (proximate causation is limited in time to 3 years)
For more information see What is a Felony DUI?
Reckless Homicide, a different felony, on the other hand requires:
- the accused drove in reckless disregard for the safety of others, and
- death ensues within three years as a proximate result of injury received by the above reckless driving.
Basically, all that means is the accused must have proximately caused a death by his or her reckless driving.
So, what are the differences in the offense:
- Reckless Homicide doesn’t require alcohol or drugs
- Reckless Homicide requires the accused to have acted recklessly, breaking a traffic law may not be enough.
- Reckless Homicide requires the accused to have proximately caused a death, although Felony DUI can also be charged to an accused who caused a death.
The main difference though lies in the penalties:
| Felony DUI |
Reckless Homicide |
For causing great bodily injury:
- 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail,
- $5,000 to $10,100 mandatory fine,
- driver’s license is suspended for the term of imprisonment plus three years.
|
Not applicable to causing great injury |
For causing death:
- 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail,
- $10,100 to $25,100 mandatory fine, and
- driver’s license is suspended for the term of imprisonment plus five years.
|
For causing death:either or both:
- $1,000 to $5,000
- up to 10 years in prison,
and a 5 year driver’s license suspension, but reducible to 1 year if certain conditions are met |
SC DUI Attorney
If you have been charged with felony DUI or any other crime, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 28, 2012 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
Last week a Rock Hill woman, Cassandra Tolley, age 28, plead guilty to Felony DUI. Back in November of 2011, Tolley drove down the wrong side of Porter Rd. striking an oncoming car. Both passengers in the car struck by Tolley suffered serious injuries. At the time of her arrest, Tolley’s blood alcohol concentration was .33, nearly 3 times the legal limit. Tolley also tested positive for prescription drugs.
In South Carolina Felony DUI carries a maximum sentence of 15 years. Tolley received an 8 year prison sentence as well as 5 years probation.
Serious DUI/DUAC Attorneys
If you have been charged with any drunk driving offense, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 27, 2012 | DUI & DWI, Uncategorized
Yesterday, 3 years after the accident, Jabari Harding, a 30-year old Army staff sergeant, was sentenced to 10 years in prison for killing two college girls, in Columbia.
He was drinking when it happened. What might have been just a DUI or a tragic traffic accident became reckless homicide.
It happened in August 2009 at the corner of Gervais and Harden Street. Harding’s blood alcohol concentration was 0.08% as he was leaving a bar, and his truck crashed into another car killing two college girls, ages 20 and 18.
The 10 year sentence was part of the second plea deal worked out for Harding. In the first plea agreement, the sentence was 7 years, but a judge rejected 7 years as too lenient for two counts of reckless homicide.
DUI Lawyer
If you have been charged with any drunk driving offense, it is important to retain a lawyer as soon as possible to protect your freedom. The experienced DUI lawyers at Reeves, Aiken & Hightower are ready to fight for you. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 26, 2012 | DUI & DWI, Uncategorized
South Carolina, for whatever reason, has two statutes that the state can use to charge you for essentially the same offense: driving drunk. The first and more traditional is DUI, driving under the influence. The second is somewhat newfangled and is symptomatic of the trend of trying to convict as many people as possible, with as little process as possible, of driving drunk: DUAC, driving with an unlawful alcohol concentration.
DUI requires as an element that the driver actually have been impaired, that question goes to the jury. DUI does require some evidence that the defendant have been under the influence of alcohol or other drugs, but there needn’t be a blood alcohol concentration test of any kind. Like impairment, the question of whether the impairment was caused by drugs or alcohol goes to the jury.
DUAC merely requires that the blood alcohol concentration of the defendant have been 0.08% or above and that he or she have been operating a motor vehicle. As such, DUAC requires that there have been some sort of BAC test like a breathalyzer test.
Serious DUI/DUAC Attorneys
If you have been charged with any drunk driving offense, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
Jun 21, 2012 | DUI & DWI, Uncategorized
For anyone who has been charged with driving under the influence, we know that charge alone is seriou. But, a felony DUI charge is even more so. Not only has the person charged allegedly caused serious harm or the death of another, but they also face much steeper penalties, including possible mandatory prison time.
What is Felony DUI?
A felony DUI charge in South Carolina requires that the person charged have:
- Operated a vehicle under the influence of drugs or alcohol or both, and
- Did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently, and
- Proximately causes great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists
The first element sounds like DUI, but unlike DUI, the statute does not mention that the drugs or alcohol must impair the ability of the driver to drive safely.
The second element allows individuals who are under the influence, but do nothing wrong, to escape a serious felony DUI charge. For example, a driver who was under the influence, who otherwise was following the law, and killed a driver who was turned left in front of him, probably would be able to escape a Felony DUI charge. Why? They breached no legal duty. The other driver was entirely at fault.
The third element contains two problems: Proximate causation and “great bodily injury.” What in the world do either of those phrases mean?
Proximate causation basically means legal causation, not factual causation, but causation that will be recognized by law for a certain purpose. Here, you can imagine that
- if one driver breached a legal duty like crossing the white line on a two lane road, and
- that action spooked a driver in the oncoming lane, and
- that driver hit a tree and died,
the driver crossing the white line could have actually caused the death, but even if that person was under the influence, we don’t want to charge them with felony DUI. However, if someone dies of complications within 3 years of a “great bodily injury” as defined below, the death may meet proximate causation.
Great bodily injury for the purpose of felony DUI is an injury that “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.” SC Code § 56-5-2945.
Penalties
The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death.
For causing great bodily injury:
- 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail,
- $5,000 to $10,100 mandatory fine,
- driver’s license is suspended for the term of imprisonment plus three years.
For causing death:
- 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail,
- $10,100 to $25,100 mandatory fine, and
- driver’s license is suspended for the term of imprisonment plus five years.
As you can see judges have very little latitude in felony DUI for mercy.
Another small caveat: the local prosecutor can choose to charge someone who can otherwise be charged with felony DUI with involuntary manslaughter or reckless homicide.
Serious Attorneys for a Serious Charge
If you have been charged with felony DUI, contact the attorneys at Reeves, Aiken & Hightower. Browse our website, and compare our credentials with those of attorneys at any other firm. Then, call us at 877-374-5999 or contact us at this link for a private consultation.
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