- Anderson
- Bennettsville
- Douglas Jennings:
Traffic offenses can represent an inconvenience that results in rising
insurance premiums and some out of pocket expense. However, most people
do not realize that most serious traffic violations are actually
criminal offenses. In some cases, what a driver thought was just a
traffic ticket can turn out to have lasting effects on his or her
finances, mobility, job prospects, and freedom.
If you are stopped for committing a traffic offense, such as speeding,
following too closely, driving without a license, driving with a
suspended license, careless driving, reckless driving, driving without
insurance, or any other offense, the services of an experienced traffic
violations attorney can be of great assistance in challenging the stop,
challenging the underlying cause of the infraction, and cross examining
police officers, among other things. We will work to protect your
pocketbook and your driving record.
- Beaufort
- Eric Erickson:
Driving While Impaired or Intoxicated Law and Legal Definition All
states have laws against driving intoxicated, which vary by state.
Legal intoxication is defined as a certain level of blood alcohol
content (BAC), usually measurable at .10 or .08 percent. States that
use the lower .08 BAC to define intoxication are eligible for more
federal assistance, and therefore, there is a trend toward lowering the
BAC limit. State laws impose penalites on drunk drivers, which range
from paying fines to incarceration and loss of vehicle and driving
privileges. In general, repeat offenders or offenders with a high BAC
level are subject to more severe penalties. Some states have
alternative sentencing programs, allowing offenders to obtain treatment
and/or operate a vehicle with an ignition locking system. Laws against
drunk driving usually apply with equal force to driving under the
influence of any intoxicating substance. Many states have enacted laws
which provide for enhanced penalties for those previously convicted of
DUI/DWI. Such laws provide for increased fines, length of
incarceration, and other restrictions for subsequent offenders. Laws
very by state, so local laws should be consulted for specific
requirements in your area. Relevant legal forms include: Judgment and
Sentence for Driving Under the Influence - Physical Control - DUI's
CrRLJ 03.0400 - Rights, Conditions and Warnings - DUI - for use with
form CrRLJ07.0100 CrRLJ 07.0300 - Findings of Fact and Conclusions of
Law, Driving or Physical Control While Under the Influence of
Intoxicants - DUIFFCL CrRLJ 4.2g Attachment A - Department Of Licensing
- 1999 DUI Administrative Sanctions and Reinstatement Provisions Waiver
of Counsel for Defendant Charged With DUI.
- Blufton:
- Vaux & Marscher:
The current public opinion on drunk driving and other serious traffic
related matters, has caused the South Carolina Legislators to make
aggressive changes in driving laws. If you are ticketed and/or arrested
in South Carolina for D.U.I. or D.U.S., you should contact a Criminal
Defense Attorney immediately to protect your rights.
- Bennetsville
- Powers Law Firm:
If you are accused of driving under the influence (DUI) or a traffic violation, you need an experienced attorney. You not only have to defend yourself against criminal penalties, but also face potential driver's license, insurance and employment consequences.
- Charleston
- Columbia
- Conway
- Hearn Brittan & Martin:
In South Carolina's Grand Strand communities of Conway, Myrtle Beach,
North Myrtle Beach, Surfside Beach, and Garden City Beach, people often
turn to the criminal defense lawyers at Hearn, Brittain & Martin
when they are faced with criminal investigations or criminal charges.
Clients facing criminal charges have cause for serious concern, and
deserve experienced, persuasive representation to assure that their
rights are protected, that their version of circumstances is given a
fair hearing, and that they have a vigorous defense. If you have been
arrested for a crime or if you are being investigated, make sure your
rights are protected throughout the criminal justice process.
- Michael Wells:
Blood alcohol concentration (BAC) describes the amount of alcohol in a
persons blood expressed as weight of alcohol per unit of volume of
blood. For example, at 0.10 percent BAC, there is 100 mg of alcohol per
100 ml of blood. For most legal purposes, however, a blood sample is
not necessary to determine a persons BAC. It can be measured much more
simply by analyzing exhaled breath.
- Irby Walker:
Defenses to Crimes: Lack of Capacity In some situations, even if you
commit a crime, you may be relieved of culpability if you lacked the
capacity to commit the crime. Although lack of capacity is a defense
which is rarely used, some high profile cases have been decided on this
exact issue. Who Lacks Capacity? Although jurisdictions will vary, the
most common categories of people who potentially lack capacity to
commit a crime are: Under 14 Years Old - It is presumed that, absent
evidence to the contrary, a child under the age of 14 does not
understand the wrongfulness of a crime, though knowledge of
wrongfulness can be proven by examining the circumstances surrounding
the crime. Idiots - These are people of unsound mind who are thought to
be incapable of harboring a general criminal intent and, therefore,
lack capacity to commit criminal acts. Ignorant - People who operated
under ignorance or mistake of fact that negates criminal intent.
Unconscious - People who suffer from seizures, sleepwalking, a blow to
the head, or similar ailments are incapable of committing crimes,
because even though they are physically committing the crime, they are
not conscious or aware of it and cannot prevent it.
- Darlington
- John Ervin:
The Immigration and Nationality Act (INA) permits deportation of an
alien convicted of an "aggravated felony," which can include "a crime
of violence for which the term of imprisonment [is] at least one year."
In line with this provision, aliens convicted of driving under the
influence of alcohol (DUI) in states which characterize a DUI
conviction as a crime of violence have been subjected to automatic
deportation, even if they have been legally residing in the U.S. for
years. However, the U.S. Supreme Court recently barred deportation of
an alien convicted of DUI pursuant to the aforementioned INA provision.
In November 2004, the Court held in Leocal v. Ashcroft that state DUI
offenses that do not require proof of any mental state, or require only
a showing that an individual acted negligently in operating the
vehicle, are not crimes of violence for purposes of expedited alien
deportation.
- Florence
- Frederick, Bobby:
DUI attorney's wife arrested
How to get busted for DUI - marry a DUI lawyer. The Phoenix New Times reports that Heather Squires, the wife of an Arizona DUI attorney, was arrested and charged with DUI despite not having had a drop of alcohol. She was given the breathalyzer at the station, which registered a 0.00.
Coincidentally, the officer, Bond Gonzales, had recently lost a DUI trial to Heather's husband Jason Squires. Heather was driving Jason's truck, which was registered in Jason's name, and Jason was with her in the truck. Heather was almost immediately handcuffed when she stepped out of the truck. Gonzales never asked how much she'd had to drink. Although Bond carried a portable breath test, he never administered it.
Heather did not have a drop to drink, and registered a 0.00 on the breathalyzer, yet the officer's report states that she had "bloodshot and watery eyes," a "flushed face," and a "strong odor of alcoholic beverage emitting from breath."
The government has resorted to prosecuting defense attorneys, forcing their disqualification from cases, even having them disbarred from practice. Going after their families is a new low.
- McLain & Lee:
A number of questions arise for anyone who has been charged with a DUI. You may be concerned about increasing insurance premiums or special insurance with higher costs, whether you are going to lose your job, the impact the charge will have on your family, or whether you can avoid having the charge on your record.
- McBrantley Law Firm:
DUI (DWI, Drunk Driving): Whether you are a local resident or live in another state, your freedom is at risk as well as license suspension and license revocation. Make sure you have an experienced DUI lawyer on your side.
- D. Craig Brown:
Trial on criminal charges is not the situation to attempt to defend
yourself pro se. An experienced criminal defense lawyer has the
knowledge, skill, and training to aggressively defend your
Constitutional rights when your freedom is at stake.
- Young, Miller & Braddock:
DUI / DWI: What You Need to Know
A DUI / DWI is a very serious matter ’€“ you could lose your license,
pay a heavy fine, even end up in jail.
If you’€™ve been charged with DUI, you have only a short period of time
to challenge that charge before your license is automatically
suspended.
... explore alternatives to jail time and fines, working with ... the
court to reduce charges and have convictions removed from driving
records. It’€™s especially important to try and keep your driving
record free of any DUI charges given the impact they have on insurance
coverage and rates.
- Georgetown
- Jack Scoville:
A DUI offense is treated very seriously by the courts of South
Carolina. Not only can a DUI conviction involve jail time, but can
result in a loss of driving privileges, which can affect your ability
to make a living.
- Lumpkin & Oxner:
Q: If I get stopped by a police officer for driving under the influence, should I submit to a breathalyzer?
A: No, but you will lose your license for 90 days unless you request an Administrative Hearing and prevail.
Q: If I get stopped by a police officer for driving under the influence, should I submit to a field sobriety test?
A: No.
- Greenwood
- Nicholson & Anderson:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI / DWI charges may result in fines, the revocation or suspension
of your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses
against you, even if they are police officers. An experienced criminal
defense attorney can make all the difference in such a difficult case.
- Welch
Law Firm: The crime of drunk driving is generally defined in two ways:
(1) having a blood alcohol content above the limit set by law, or (2)
driving under the influence of alcohol. To find a person guilty under
the first definition, a jury must be convinced beyond a reasonable
doubt that the person's blood alcohol content (BAC) exceeded a certain
amount. In most states the legal limit is .10 percent. Therefore, if it
is proved that the person's BAC at the time of the incident was .10
percent or greater, he or she can be convicted of drunk driving,
regardless of how much alcohol was actually consumed. As a practical
matter, one drink would almost certainly not lead to a BAC of .10
percent or greater; generally, a person needs to have five drinks in an
hour to develop a BAC of .10 percent. However, if there was something
unique about the person or the drink, or other circumstance, one drink
could raise the BAC above the legal limit. In contrast, the second
definition does not refer to any particular BAC. It focuses on the
driving behavior of the person; if it is impaired by the person's
consumption of alcohol, he or she can be found guilty of drunk driving.
Instead of presenting evidence of the BAC to a jury, the prosecution
seeking a conviction under this definition generally presents testimony
about the person's driving and consumption of alcohol. A police officer
will often describe the impaired driving that lead him to pull the
person over and the person's ability (or lack thereof) to perform field
sobriety tests, such as walking a straight line. Evidence is also
usually presented concerning the person's consumption of alcohol and if
the jury then concludes that the prosecution has met its burden of
proof, it will convict the person of drunk driving. A susceptible
person may exhibit impaired driving after one drink and therefore be
convicted of drunk driving.
- Greenville
- Hilton Head
- Donald Colongeli:
A defendant has a right to appeal his or her final judgment of
conviction and sentence by a trial court to a state's appellate court.
In order to be considered a defendant for purposes of an appeal, the
defendant must have been charged with a crime or the defendant must
have committed a criminal offense.
- Samuel Bauer:
There is no more important decision than who will represent you when you have been charged with a crime or a traffic offense.
- Irmo
- Lord Law Firm:
If you have been arrested for drunk driving, you are not in a hopeless situation.
- Lexington
- Mount Pleasant
- Mrytle Beach
- North Augusta
- James Huff:
If you are convicted of a first offense DUI in South Carolina, you are
subjected to a fine of $637.00 or 30 days in jail. A 2nd offense in 10
years can result in a minimum fine of $2,000.00 up to $5000.00 and
imprisoned for at least 48 hours or up to 1 year. A judge could order a
person convicted of DUI 2nd to at least 10 days of public service
instead of serving time in jail.
- North Charleston
- North Mrytle Beach
- Irvin Law Firm:
In a criminal case, a government agency seeks to punish you or entities
for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both The burden of proof is
"beyond a reasonable doubt" Usually the government will pay for your
attorney if you can't afford one Criminal defendants are almost always
entitled to a jury trial
- Rock Hill
- Seneca
- Stoudemire & Sprouse:
Adoptions
Automobile Accidents
Criminal
Custody
Divorce
Family Law
General Practice in all Courts Personal Injury
Social Security Disability
Trials
Workers Compensation
- Spartanburg
- Summerville
- Mark Leiendecker:
Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although the same conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint, or "information." In some states, poor defendants are not entitled to a court-appointed attorney when charged only with a misdemeanor. The charges may be considered minor, but being accused of a misdemeanor--not to mention being convicted of one--can cause a major disruption in the life of an accused. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous representation backing him or her up. A person accused of a misdemeanor should seek the help of a criminal defense attorney.
- Sumner
- Young, Reiter & Keffer:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI/DWI charges may result in fines, the revocation or suspension of
your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses
against you, even if they are police officers. An experienced criminal
defense attorney can make all the difference in such a difficult case.
- Walterboro
- Hetrick, Harvin & Bonds:
If you have received a traffic ticket in South Carolina, you need to be aware of how the ticket could affect both your car insurance rates as well as your driverŐs license points. Pleading guilty to a speeding or reckless driving ticket can result in you paying higher car insurance rates for years. In addition, the points subtracted from your driverŐs license could ultimately affect your ability to drive.
- West Columbia
- Taylor Law Firm:
Are you facing criminal charges in South Carolina? Your best defense is an experienced criminal law attorney. Your freedom and future are at risk.
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