Sep 18, 2012 | DUI & DWI, Uncategorized
As South Carolina experiences an increase in DUI and BUI enforcement, many people in lowcountry areas such as Charleston, North Charleston, James Island, Folly Beach, West Ashley, Sullivans Island, Isle of Palms, Mount Pleasant, and Awendaw are unaware of the differences associated with driving under the influence and boating under the influence. While both charges are serious offenses, there are distinct differences in the procedures effecting the enforcement.
On land, law enforcement generally relies upon the Standardized Field Sobriety Test (SFST) to establish probable cause for a DUI arrest. The SFST was developed by the National Highway Traffic Safety Administration (NHTSA) and includes three tests: 1) Horizontal gaze nystagmus 2) walk-and-turn and 3) One-leg stand. There is an ongoing debate about the effectiveness and scientific nature of these tests, but for the time being they relied upon by law enforcement to continue the prosecution of alleged DUI offenders. Also, South Carolina law mandates that the officer videotape the suspect with his/her in-dash camera while conducting these tests.
Boating Under the Influence (BUI) differs in multiple ways from a DUI. For the most part, the Department of Natural Resources is tasked with the responsibility to enforce the BUI laws. Similarly to the NHTSA, the National Association of State Boating Law Administrators has developed its own method for testing boater’s sobriety. As you can imagine, it would not make much sense to administer the walk-and-turn test or the one-leg stand while on an unstable boat so the NASBLA test differs from the Standardized Field Sobriety Test. DNR uses the “Afloat Test Battery” to determine the sobriety of a boater. This test includes reciting the ABC’s, counting backwards from 25 to 1, a finger dexterity test, a palm pat test, and a touch finger to nose test. It is also an important distinction to realize that BUI laws do not require the arresting officer to videotape the suspect.
As the waterways, rivers, and lakes heat up it is important to understand the boating laws and the seriousness of both DUI/BUI offenses. In areas in and around the South Carolina lowcountry such as Sullivans Island, Isle of Palms, Folly Beach, James Island, Charleston, West Ashley, North Charleston, Moncks Corner, Mount Pleasant, and Awendaw, boaters will notice an increased DNR presence looking for drunk boaters. The DUI/BUI attorneys at Reeves Aiken & Hightower LLP stand ready to help you if you have been arrested and charged for DUI, BUI or DUAC. Before hiring an attorney, you should carefully check out their credentials and actual experience. For more information about our lawyers, please visit our website at www.rjrlaw.com. Or to schedule a confidential consultation about your particular case, please call us directly at 877-374-5999.
Sep 15, 2012 | DUI & DWI, Uncategorized
A Lexington County Sheriff, aiming to make S.C. roads safer, is asking bar owners to take on some responsibility for their intoxicated customers.
The sheriff is encouraging bar owners in three trouble spots in the county to limit the alcohol of drunken customers and arrange for safe transportation to take them home.Lexington County is currently leading the state in traffic fatalities, with a shocking 40 deaths so far this year.
Along with this initiative, deputies plan to increase patrols at trouble spots at S.C. 6 in the Red Bank area and parts of U.S. 1 and U.S. 378 along the South shore of Lake Murray.
South Carolina DUI Attorneys
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, if a defendant blood alcohol content (BAC) is a .08 or above, then the State can legally charge you with “driving under the influence.” Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives. Consult our criminal defense team and then hire the best DUI attorneys you have the most confidence in!
Sep 13, 2012 | Car Accidents, DUI & DWI, Personal Injury, Uncategorized
A 19-year-old SC teen reacted quickly Saturday morning, when he approached a burning vehicle and proceeded to pull a 54-year-old woman out of fiery car.
The teen was driving home from a friend’s house along U.S. 301, near Raccoon Road, when he spotted the burning 1999 Chevrolet that had wrecked just minutes before. Apparently, the woman driver ran off the right side of the road only moments before it caught aflame. Once stopped, the teen could hear a woman’s voice coming from inside the wrecked vehicle. The teen and another man, wielding crowbars, broke out the driver’s side window. The woman was able to unfasten her seatbelt so that she could be pulled out of her car to safety.
As they were all backing away from the burning car, an explosion occurred, fully engulfing the car with flames. Firefighters arrived shortly thereafter to put out the fire. Claredon Fire Chief commented that there was not much firefighters could have done for the woman if it had not been for the civilian rescue.
The woman was subsequently transported to Claredon Memorial Hospital for injuries. It is reported that she will be charged with DUI .
South Carolina Personal Injury and Accident Attorneys
Please call the experienced Personal Injury and Accident Attorneys at Reeves, Aiken & Hightower LLP., to help you attain the justice you deserve. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.
Sep 11, 2012 | Car Accidents, DUI & DWI, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized
A man has been hospitalized after crashing his truck at the Scaleybark light rail station in South Charlotte, according to the CMPD. The man has suffered injuries, however they are not life-threatening.
The accident report states that the accident occurred around 2:00 a.m. early Saturday morning, when the man somehow lost control of his vehicle and crashed it somewhere in the vicinity of the light rail. The impact caused the car to spin, ending up on the tracks of the light rail. Fortunately for other drivers, his car was the only vehicle involved in the accident.
In an unfortunate turn of events, after the collision with the light rail gate, the driver had to be cut from the car and rushed to the hospital. Police were subsequently forced to shut down a section of the road in both directions for a few hours while CATS made repairs.
Accordingly the police currently believe that both speed and alcohol played a role in the crash. The driver is expected to survive.
Charlotte Tractor-Trailer and Commercial Vehicle Attorneys
If the unthinkable happens in your life, call the experienced tractor-trailer and commercial vehicle attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.
Jun 17, 2012 | DUI & DWI, Uncategorized
South Carolina is now trying to increase penalties for those arrested and charged with DUI in the state. A new bill which is currently proposed in SC is aiming to pose higher penalties for those arrested for DUI. Currently in SC drivers who are arrested for DUI and refuse to take the breathalyzer test will lose their driver’s license for 90 days. If the new bill passes if a driver refuses to take the test he will have his license suspended for 1 year. However if a driver does take the breathalyzer test the length of the driver’s license suspension will vary depending on his BAC at the time the breathalyzer is administered. Other parts of the bill that are proposed will increase jail time for DUI depending on the driver’s BAC. In SC right now penalties for DUI may range from 48 hours to 5 years in prison. Under the new bill if a driver blows between .08 and .010 he will spend 48 hours in jail while those who blow a 0.16 or above on a 4th offense or more will face 7 years in prison. While the law should punish those who are posing a hazard while driving, potential issues with the proposed law may unfairly enforce stricter punishment on those who may not deserve a harsher penalty such as losing the ability to driver for 1 year.
The DUI attorneys of Reeves Aiken & Hightower LLP stand ready to fight for you if you have been charged with DUI in SC. We encourage you to visit our website at www.rjrlaw.com and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.
South Carolina DUI Bill Aims to Step Up the Fight Against Drunk Driving in the State
A proposed South Carolina DUI bill would mandate one-year driver’s license suspensions following breath test refusals, align DUI penalties with rising BAC levels on a tiered system of severity, and dramatically change the DUI laws in the state.
A subcommittee of the S.C. Impaired Driving Prevention Council unanimously passed a DUI bill on January 22nd which would up the ante for a South Carolina breathalyzer refusal from the current penalty of a 90-day license suspension to a one-year suspension. If the bill passes the full council, it could be introduced to the state legislature by early February, according to an online story of The State.
Specifically, the proposed drunken driving bill would attempt to stiffen South Carolina DUI laws that many critics feel are some of the weakest in the country and have contributed to the state having top-ten death rates in alcohol-related crashes in the past.
Under the new bill:
- DUI penalties would increase with blood alcohol levels and the number of offenses. For example, a first time offender who registers a BAC of 0.08% (the legal limit in all 50 states) but less than 0.10% would spend 48 hours in jail. Fourth and subsequent offenses of driving with a level of at least 0.16% would face seven years in prison. Current South Carolina DUI penalties range from 48 hours in jail to five years in prison, regardless of BAC levels.
- Failing a breathalyzer test would mean different lengths of driver’s license suspensions based on BAC. The proposed bill would automatically suspend a driver’s license for two months for any suspect who blows a 0.10% or higher. Current South Carolina DUI law mandates an automatic 30-day suspension for suspects who register BAC levels of 0.15%. Under the new DUI bill, the suspension would be six months for BAC levels at 0.20% or higher.
- DUI language would be changed. Current South Carolina DUI law makes it illegal to be “driving under the influence”. The new bill would change the language to “operating under the influence,” which some opponents believe would allow a person who is sitting in a parked but running car to be stopped on suspicion of DUI.
- South Carolina police would not be required to warn DUI suspects about self-incrimination before administering breath and field sobriety tests.
Like most pieces of legislation, the 27-page South Carolina DUI bill has its proponents and opponents. Jeff Moore, Chairman of the council subcommittee that drafted the bill, said in The State story that he believes the legislation can make a difference if passed. One South Carolina DUI lawyer complained in the story that the bill would be unfair to certain types of suspects.
Regardless of these conflicting opinions, the new South Carolina DUI bill reflects an increased effort by the state to crackdown on drunk driving. South Carolina Governor Mark Sanford recently called for tougher DUI laws in his State Address.
This proposed bill is a good example of how proposed changes to DUI laws in not only South Carolina but many other states are commonly seen at this time each year, and how drunk driving is an issue requiring constant attention, monitoring and progress.
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