Nov 12, 2012 | Assault and Battery, Drug Crimes and Controlled Substances Defense, DUI & DWI, Uncategorized
A York County police report this weekend stated that a man kicked a York County Sheriff Deputy after he was a pulled over for driving under the influence of pills and alcohol. Thereafter, he attempted to flee from police.
The man was pulled over into the Food Lion parking lot near Lake Wylie. The police report states that the deputy attempted to stop the man, and a pursuit around the parking lot ensued. The man appeared intoxicated to police while he was racing the engine of his Ford Mustang.
When police attempted to tase the man, he ripped the taser leads from his body and began to run. The police then reportedly tackled him down an embankment. Then, according to police, the man struck a deputy by kicking him as the police attempted to tase the man a second time.
The man is being charged with DUI, possession of controlled substances, underage possession of alcohol and four counts of assaulting a police officer while resisting arrest, according to authorities.
The decision to consume alcohol can lead to implications that can last a lifetime. At the law offices of Reeves Aiken & Hightower, we understand the troubles associated with alcohol consumption, and we are here to ensure that you are represented by a firm that is willing to fight for you. If you or a loved one has been charged with a crime related to the intoxication of alcohol, or stemming from the intoxication from alcohol, we will do whatever is in our power to present mitigating circumstances to the court. If you are charged in York, Lancaster, Chester, Clover, Rock Hill, Fort Mill, or anywhere else in the region, call our Baxter Village office at 803-548-4444, or toll-free at 877-374-5999.
Oct 31, 2012 | Drug Crimes and Controlled Substances Defense, DUI & DWI, Uncategorized
Last Friday, a Rock Hill, SC woman was found unconscious in her car at Walmart after she allegedly “huffed” fumes from an aerosol can, as reported by police. A Walmart employee called police and stated that around 5:30 p.m. the woman was passed out in her 2002 silver Pontiac Grand Prix which was still running.
The woman was charged with driving under the influence and unlawful use and possession of aromatic hydrocarbons after the police found a can of Ultra Duster clutched in the her left hand. Officers reported that her eyes were glossy and bloodshot, and her pupils were dilated. The police also found prescription pain pills in her purse as she searched for her driver’s license.
The officers report that they subjected the woman to three field sobriety tests which she allegedly failed. She later admitted to recently leaving a drug rehabilitation facility for air-can use and prescription pain pills.
If you or someone you love has been charged with a SC DUI, DUAC, or BUI, you should call the experienced DUI attorneys of Reeves, Aiken, and Hightower, LLP. In South Carolina, a person can also be charged with a DUI if they are found to be under the influence of a banned or controlled substance. However, it is important that you know your rights. Call us today and speak directly with one of our lawyers at 803-548-4444 or toll free at 877-374-5999.
Oct 29, 2012 | DUI & DWI, Uncategorized
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered in order to obtain validated indicators of impairment and establish probable cause for arrest. The three tests of the SFST are: 1) Horizontal Gaze Nystagmus; 2) Walk and Turn; and, 3) the One Leg Stand. These tests are administered and evaluated based on the measured responses of the suspect.
1) HGN Testing: is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Normally, nystagmus occurs when the eyes are rotated at high peripheral angles. When a person is impaired by alcohol, the rotation is exaggerated and may occur at lesser angles. A person who is under the influence of alcohol will often have difficulty proficiently tracking an object. In this test, the examiner looks for three indicators of impairment in each eye: if the eye cannot follow the moving object smoothly, if jerking is distinct when the eye is at maximum divergence, and if the angle of onset of jerking is within 45 degrees of center. The officer will discern whether the suspect is over 0.08 BAC if, between the two eyes, a certain number of clues appear.
2) Walk and Turn: This test is very easily performed by most unimpaired people. This test requires a suspect to listen to and follow instructions while performing simple physical movements. The suspect is required to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. There are eight indicators the examiner will look for in order to determine impairment. These are: if the suspect cannot keep balance while listening to instructions, begins before instructions are finished, stops while walking to regain balance, makes an improper turn, or takes an incorrect number of steps. Two or more indicators typically indicate a higher than 0.08 BAC.
3) One Leg Stand: In the One-Leg Stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousand (one one-thousand, two one-thousand etc.) until told to place the foot back down. The officer typically times the person for 30 seconds. The examiner will look for indicators including swaying while balancing, using arms for balance, hopping to maintain balance, and putting the foot down. Two or more indicators indicate more than a 0.08 BAC.
It is important that when a police officer administers these tests, they are doing so appropriately, and within the confines of the fourth amendment of the US Constitution. If you or someone close to you has been given a Standardized Field Sobriety Test, it is important that the officer took multiple factors into consideration. If you have any questions regarding the administration of “SFST’s,” please call the Law Offices of Reeves, Aiken & Hightower at 803.548.4444 or Toll Free at 877.374.5999.
Oct 25, 2012 | DUI & DWI, Uncategorized
A Heath Springs, S.C. man was driving his SUV down the 1600 block of Camp Creek Road in Lancaster County last December when he struck a tree killing one and injuring another passenger who was air-lifted to Charlotte.
The South Carolina Highway Patrol charged the driver with possession of a controlled substance and Felony DUI after the fatal crash. It was reported by Police that the man swerved his vehicle to the right overcorrecting to the left striking a tree.
A person will be charged with a Felony DUI if the following factors are present: (1) driving a vehicle under the influence of alcohol, drugs, or both; (2) if, while operating the vehicle under the influence, the person causes great bodily injury or death; (3) to a person other than himself (this includes a passenger, pedestrian, and/or another driver).
If you or a loved one has been charged with DUI or Felony DUI in Lancaster, SC or anywhere else in South Carolina please contact one of our lawyers directly at 803-548-4444, toll free at 877-374-5999, or at this link, and let us start building your best DUI defense. Reeves, Aiken & Hightower LLP.
Oct 25, 2012 | DUI & DWI, Uncategorized
In South Carolina, since 1983, it has been a felony to cause death or great bodily harm to another person while operating a vehicle under the influence of drugs or alcohol.
This is classified as a
Felony DUI under S.C. Code § 56-5-2945. If a victim dies as a result of a driver operating a motor vehicle under the influence of drugs or alcohol, the penalty is a mandatory fine of $10,000 to $25,000 and mandatory imprisonment of 1 to 25 years. Additionally, the statute states, that no part of the mandatory sentence may be suspended.
Three elements are required for a charge of Felony DUI to be distributed: (1) the actor drives a vehicle while under the influence of alcohol or drugs; (2) the actor does an act forbidden by law or neglects a duty imposed by law; and (3) the act or neglect proximately causes great bodily harm or death to another person. State v. Dantonio, 376 S.C. 594 (2008).
Proximate cause is outlined in Dantonio, which states that a defendant’s act need not be the sole cause of the victim’s death to sustain a conviction for Felony DUI, provided it is a proximate cause actually contributing to the death. Id.
If you or a loved one has been convicted of a Felony DUI charge, call the law offices of Reeves, Aiken & Hightower, LLP for a private consultation. We welcome the opportunity to sit down and personally review your case. Call us today at our York County office at 803-548-4444 or toll-free at 877-374-5999.
