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.
May 6, 2012 | DUI & DWI, Uncategorized
There is always “bar talk” about how many drinks (alcohol, wine, beer) a person can have before they are considered “legally drunk”? While many profess to know the answer, there actually is no true scientific basis to calculate same with any certainty. An individual’s blood alcohol level is affected by a number of factors including age, weight, gender, time of day, physical condition, food consumed prior to taking a drink, other drugs or medication taken, and tolerance level. One thing we do know is that eating while drinking slows down the absorption of alcohol into your bloodstream, thereby resulting in a lower BAC level. Always remember that alcohol affects everyone differently. If you rarely drink, you could be severely impaired by a single beer. The only real conclusion reached is that impairment begins with the first drink, and that by the time you “feel drunk,” you’re probably already past the legal limit.
The Department of Justice estimates that over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics in 2005 (the latest data available). The arrest rate works out to one arrest for every 139 licensed drivers in the United States. Although these are the latest arrest figures, it is doubtful these numbers have improved. Sadly, DUI and DWI arrests continue to rise every year, and legislatures around the country continue to pass even stricter and harsher laws.
The criminal defense attorneys of Reeves, Aiken & Hightower LLP focus their practice on DUI and DWI cases in both SC and NC. Our trial lawyers have over 70 years combined experience in the courtroom. We fight hard for our clients by taking their cases to trial in order to win an acquittal or get the best negotiated plea. Prosecutors know which law firms are willing to go to court and if they know what they are doing when they get there. Our team of attorneys have unique backgrounds and qualifications. For more information about our lawyers and firm, please visit www.rjrlaw.com. Compare our firm to any other. Then call us for a private consultation at 877-374-5999. We welcome an opportunity to help you and your family.
