Carolina del Sur DUI leyes

Monday, August 27, 2012

Drunk driver causes head-on accident

On behalf of Anderson Law Firm posted in Drunk Driving on Thursday, March 29, 2012

Two drivers were lucky to escape a head-on collision that occurred last week in South Carolina, but for one of the drivers, he was arrested for alleged drunk driving. The man admitted to driving the wrong way when he struck the other vehicle.

The man, 20, agreed to take a Breathalyzer test and his blood alcohol level was .14, over the legal limit to drive in South Carolina. The accident occurred at the intersection at Travelers Rest and neither driver was seriously injured and both refused medical care. The only serious damage was to the vehicles involved, which had to be towed from the accident scene.

While we don't know how this case will turn out for the man in this case, if you are facing a DUI charge in South Carolina, you should speak with an attorney that specializes in DUI defense. An attorney understands how to defend you against fines, jail time and a permanent record. There are serious repercussions associated with a South Carolina drunk driving conviction and they could include:

A first offense is a misdemeanor and could involve a fine, license suspension and possible jail time.A second offense involves a larger fine, probation and a one year license suspension.A fourth offense is a felony and the penalties are severe.

For the defendant in this case, not only was he arrested for DUI, but was also charged with possession of alcohol by a minor. If this was his first arrest for DUI, he may have more options available to him.

Source: Trtribune.com, "Main Street collision leads to DUI arrest," James Richardson, March 21, 2012

Tags: Drunk driving, criminal defense

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No CommentsLeave a commentComment InformationNamePlease enter your name.E-mail AddressPlease enter a valid e-mail address.WebsiteCommentCategoriesCriminal DefenseDrunk DrivingMisdemeanorsTheft And Property CrimesWhite Collar CrimesArchivesJuly 2012June 2012May 2012April 2012March 2012February 2012January 2012December 2011November 2011October 2011September 2011August 2011Complete Archives Recent Posts West Florence High vandalism could carry serious penalties Florence County man faces felony DUI charges Two South Carolina men charged in separate burglaries Two arrested in South Carolina and charged with murder Popular Topicsarrestedconvictioncriminal allegationscriminal chargescriminal defenseCriminal defenseCriminal Defensedefensedrug arrestsdrug chargesDrunk drivingdrunk drivingDUIdui chargesfield sobriety testsmisdemeanormisdemeanorsSouth Carolinasouth carolinatheftBlogroll Colorado Springs Criminal Defense Attorney Blog Phoenix Criminal Defense Attorney Blog Texas Drug Charge Attorney Blog

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Sunday, August 26, 2012

DNA evidence leads to criminal charges for South Carolina man

On behalf of Anderson Law Firm posted in Theft And Property Crimes on Tuesday, April 3, 2012

The Florence County, South Carolina's Sherriff's Office alleges that blood evidence led them to arrest a man they believe broke into a Florence business two years earlier. Criminal charges have been brought against the man for burglary, a second degree felony in South Carolina that carries a penalty of up to 15 years in prison.

When one faces charges for property crimes, the stakes are high. Whether a misdemeanor or a felony, the punishments can be severe, with the possibility for long prison sentences and large fines.

Investigators and forensic units are working together to solve these types of cases and one way that police are finding their suspects is through DNA evidence. Typically, if blood or saliva is collected at the crime scene it is run through a database containing the DNA of known individuals. If there is a match, police assume that individual was involved in the crime. However, such tactics can be challenged. Just because someone's blood or saliva is in a location does not mean that person committed the offense. Evidence like this can lead to convictions for simply being at the wrong place at the wrong time.

Burglary -- the breaking and entering into a structure for the purpose of committing a crime - is one of the most common property crimes. Though many assume that burglary involves theft, this is not necessary to prove the offense. Intent to commit any crime is enough. A strong defense should force the prosecution to prove all elements beyond a reasonable doubt to ensure that only those absolutely known to have committed a crime will pay the price.

Source: SCnow.com, "Blood evidence key to solving 2010 Florence burglary," March 21, 2012

Tags: Theft/property crime, criminal defense, misdemeanors

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Saturday, August 25, 2012

Former Anderson County councilman charged with mail fraud

On behalf of Anderson Law Firm posted in White Collar Crimes on Friday, April 13, 2012

A former Anderson County, South Carolina, councilman has been federally charged with mail fraud for allegedly spearheading a silver Ponzi scheme. According to police, the former councilman sold silver investments and told investors that the silver would be held at a Delaware depository. After investigation, police allege the depository had no records of the councilman's business or the silver he sold. The councilman's charge is a felony, carrying a maximum sentence of 20 years in prison and a $250,000 fine.

Criminal charges like this that tend to deal with complicated financial and technological transactions are called white collar crimes. Since white collar crimes typically do not involve violence, victims usually focus on recouping their economic loss.

Therefore, many defendants facing white collar crime charges might be able to avoid trial and criminal penalties by coming to an economic agreement with the victim.

Serious punishments for white collar felonies require that the accused obtain the best defense possible. Since these offenses are complicated, a successful defense will pick apart the prosecution's theory, forcing them to prove every element of the crime. Many of these crimes require the prosecution to show a defendant had intent to commit the crime or had knowledge that the crime was occurring. Mental states are hard to prove, and a strong defense will know how to attack arguments to the contrary.

Criminal charges carry more than penal system repercussions. Business men and women who find themselves facing white collar criminal charges will also have to deal with the media, which ultimately holds their reputation in its hands.

For those of us who deal with several complicated financial transactions in South Carolina, it is important to know that charges can come at any time from almost anyone. For the man in this case, a staunch defense will be important should he desire to attempt to challenge the allegations or obtain a reduction in charges or sentence.

Source: GoUpstate.com, " in silver scheme," Mike Ellis, April 4, 2012

Tags: White collar crime, criminal defense

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Friday, August 24, 2012

Graduate student deaths shed light on violent crime

On behalf of Anderson Law Firm posted in Criminal Defense on Monday, April 16, 2012

Two University of Southern California graduate students from China were shot and killed during what police are claiming was an attempted carjacking or robbery. Gunshots rang out in the early morning hours shattering the window of the students' car.

While one student died in the car, the other was able to exit the vehicle and run to a residence to knock on a door. It is unclear whether anyone answered the door before the man collapsed and died. According to police, the suspect fled on foot and no description of that individual has been released. When criminal charges are brought against a person for a violent crime like this case, the stakes are high. Potential prison sentences can be long.

In a state like South Carolina, the law requires that 85 percent of the sentence must be served and the state also recognizes the death penalty. So when violent criminal charges are brought, an individual could literally be fighting for their life.

The law separates violent crimes like homicide into different degrees. Depending on the seriousness of the offense, the state prosecution will have to prove several elements. Perhaps one of the most important among these is state of mind.

For example, in the USC case if the accused person is claimed to have shot and killed someone during a carjacking, then a first degree murder charge would probably be inappropriate, as it requires pre-meditation. Though possible, it is more probable that a person who intends to steal a car did not also plan to kill the occupants.

Since South Carolina is so tough on violent crime, it is important that alleged offenders do everything in their power to demonstrate doubt as to their guilt or seek a lesser charge that imposes a lesser sentence. This will force prosecutors to do their job: prove guilt beyond a reasonable doubt and punish those found guilty only as much as necessary.

Source: wistv.com, "2 USC students from China fatally shot off campus," Greg Risling, April 11, 2012

Tags: Criminal defense

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Thursday, August 23, 2012

Columbia police search for ATM burglars

On behalf of Anderson Law Firm posted in Theft And Property Crimes on Friday, April 27, 2012

Columbia, South Carolina police, are searching for individuals they claim are responsible for two ATM burglaries. In addition to the ATM money that was taken, the thieves allegedly stole lottery tickets, cigarettes, guns and other items from the convenience stores where the ATMs were located.

Property crimes and thefts like these are common crimes that can be punishable as a felony. Felonies carry strict penalties, including large fines and prison sentences. They can forever mark one's record, making it difficult later to get a job or credit. So when someone is charged with a felony such as burglary, a lot is at stake.

The foundation of a felony conviction is evidence. Without adequate evidence, a prosecutor is either going to fail to get a conviction or plead with the accused for a lesser penalty. A felony defense, therefore, must focus on the evidence.

In situations like Columbia's ATM case, the prosecution will will usually rely heavily on items such as surveillance footage, eyewitness accounts and forensic evidence like fingerprints. This type of evidence is open to challenges in court. Eyewitnesses may not have gotten a good enough look at a perpetrator, surveillance footage can be grainy and inconclusive, and fingerprint evidence can establish that someone was at a certain place but not necessarily at the time of the crime.

When crimes occur, victims and police seeking immediate justice can be quick to point the finger. Charges are often filed hastily with inadequate proof. A strong legal defense will force prosecutors to prove their charges beyond a reasonable doubt and ensure that only the guilty are punished.

Source: The State, "Columbia police seek ATM burglars," Tim Flach, April 16, 2012

Tags: Theft and Property Crimes, criminal defense

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Wednesday, August 22, 2012

South Carolina police search for two accused of vandalism

On behalf of Anderson Law Firm posted in Theft And Property Crimes on Tuesday, May 1, 2012

Police are searching for two individuals they believe are responsible for vandalizing school buses in Loris, South Carolina. The damage, including slashed tires, broken windows and spray paint defacement, is estimated to be in the range of $10,000. The two alleged vandals were caught on surveillance cameras, which police hope will lead to identification and criminal charges.

Vandalism is typically thought of as criminal damage directed toward property without the consent of the property's owner. In order for prosecutors to bring a successful charge against an accused vandal it must be shown that the accused willfully damaged the property. The police take vandalism seriously, as they do all property crimes. Depending on the amount of damage caused, vandalism can constitute either a misdemeanor or a felony.

When convicted of vandalism, you could face many forms of punishment. A convicted vandal may have to pay restitution by cleaning or repairing vandalized property, perform community service, pay fines and/or go to jail. The consequences of a conviction are severe. Anyone accused of such crimes should have a proper defense to ensure that they are not falsely convicted or that the lightest form of punishment is enacted.

One way to do this is to show that the accused did not intend to destroy the property. Accidents happen. One might throw a rock out of jest and break a window or unintentionally spill something onto the property of another. These incidents do not constitute vandalism. Other mitigating defenses include indifference, mischief and, in some circumstances, creative expression.

Surveillance cameras pose another risk: false identification. Footage from cheap or faulty security cameras can result in low-quality images that lead to misinterpretation and misidentification.

A good defense team will attack any flimsy evidence of vandalism and force prosecutors to prove their claims. Vandalism is a serious charge that should be defended just as seriously.

Source: WMBF News, "Police release video, continue search for school bus vandals," April 25, 2012

Tags: Theft and property crimes, criminal defense

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Tuesday, August 21, 2012

South Carolina DUI arrests have tripled this year

On behalf of Anderson Law Firm posted in Drunk Driving on Wednesday, May 9, 2012

Recent statistics show that DUI arrests have tripled compared to this time last year in Myrtle Beach, South Carolina. Police claim there are many reasons for the rise in arrests, including new training for fresh recruits and an increased number of field sobriety test instructors.

A DUI charge is serious, and can lead to license suspension, fines, license revocation, penalties, jail and a permanent mark on a driving record. Yet, DUI charges against drivers are not always appropriate. Several issues may arise regarding field sobriety and Breathalyzer tests that could lead to a false conviction.

There are required procedures for police officers when they give a field sobriety test and the Breathalyzer test. These procedures are in place to ensure that the police are acting within their authority, the tests are properly administered and that the tests are accurate. Any failure to follow these procedures can lead to a dismissal of the charges.

As evidenced by the influx in DUI charges this year, many officers in the past have been improperly trained to conduct DUI stops and any related tests. When one is not properly trained mistakes happen, tests are improperly administered and test readings are problematic.

The recent rise in DUI charges also begs the question whether or not police are becoming over-eager when conducting DUI stops. When a focus is placed on stopping an activity, individuals tend to seek out that activity so that they can "prevent" it from occurring. Eagerness, too, can lead to mistakes. These mistakes can have severe consequences for drivers.

Police officers need to be kept honest during DUI stops and while conducting field sobriety and Breathalyzer tests. An experienced attorney will ensure the rights of drivers are protected by spotting any procedural flaws and getting improper DUI charges dismissed.

Source: WMBF News, "DUI arrests triple in 2012 compared to 2011," Monique Blair, April 30, 2012

Tags: Drunk driving, criminal defense

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