Carolina del Sur DUI leyes

Thursday, August 16, 2012

Two arrested in South Carolina and charged with murder

On behalf of Anderson Law Firm posted in Criminal Defense on Monday, June 11, 2012

South Carolina police claim they, with help from community tips, have solved a 6-year-old murder and armed robbery case with the arrest of two people. Police claim the two people shot a man in the upper body, resulting in his death, weeks after they robbed a local general store. Each of the accused has been charged with murder, two counts of armed robbery, two counts of kidnapping and burglary.

In instances like this, both the community and law enforcement are eager to find justice. This hunger can lead to hasty arrests that result in unjustified criminal charges and wrongful criminal convictions. The seriousness of these situations requires individuals accused of crimes to seek out a competent defense team.

One way a defense team can approach a case like the one is to question the community tips that led to the arrest of the suspects. Though information received through hotlines and door-to-door questioning can be reliable, personal grudges, feuds, inaccurate or dishonest information may mean investigators receive false information. Investigators desperate for an arrest may also pressure individuals to give them answers. However, that information may not be reliable. It would be unfair for a person to be convicted based on these questionable tactics.

People who face accusations, especially when facing serious charges, deserve a thorough trial. A proper defense will attack many areas of a prosecution's case including physical evidence, motive and witness credibility. A criminal defense attorney will also work to ensure an individual's rights remain protected. Only then can the legal system truly find justice.

Source: WISTV, "Suspects arrested in 6-year-old murder, armed robbery," Jeremy Turnage, June 7, 2012

Tags: criminal charges, criminal defense, murder

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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 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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Tuesday, August 14, 2012

Two South Carolina men charged in separate burglaries

On behalf of Anderson Law Firm posted in Theft And Property Crimes on Monday, June 18, 2012

Police in nearby Johnsonville have arrested two individuals they claim are responsible for two different burglaries. Criminal charges for property crimes such as theft and burglary are quite serious. Any conviction, but especially those classified as a felony, can lead to long prison sentences and large fines.

In one case, the accused was apprehended when police found him walking away from a grocery store after the store's alarm had been set off. That same day police claim the man also illegally entered a house through a broken window. Witnesses say they saw the man leaving that house with a bloodied hand, an injury supposedly sustained when breaking into the residence.

In the second case, Johnsonville police traced serial numbers on recovered stolen property back to a pawn shop and determined who had sold the items. Police questioned a friend who allegedly confirmed that the accused was responsible for taking the items, two televisions and a laptop computer.

One way to avoid unjust penalties for property crimes is to disprove or discredit any witness statements. Since most property crimes occur at night, few witnesses, if any, truly see the crime taking place. Yet, even those who do claim to have observed the crime could mistake the individual's identity on account of darkness, distance or simply poor recollection. Witnesses could also hold a personal grudge against the accused that could result in an unjust identification.

Witnesses may also jump to conclusions. In the first case in Johnsonville, for example, none of the witnesses appear to have actually seen the accused enter or exit the home, but rather assumed he had broken into the residence based on his injured hand.

Witness credibility and inaccuracy can lead to false and unjust convictions. People accused of property crimes deserve a fair trial free from assumptions on the part of witnesses.

Source: SCNow, "Officers arrest two in separate burglary cases in Johnsonville," Matt McColl, June 7, 2012

Tags: South Carolina, conviction, criminal charges, criminal defense, penalties, theft and property crime

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Monday, August 13, 2012

Florence County man faces felony DUI charges

On behalf of Anderson Law Firm posted in Drunk Driving on Tuesday, June 26, 2012

Police have arrested and charged a Florence County man with felony DUI resulting in death. In the early morning hours, the accused allegedly lost control of his vehicle, crossed the center line and ran head-on into a motorcycle. The motorcycle rider was pronounced dead at the scene.

Deaths that result from accidents cause many, including the police, to seek immediate justice. However, when an individual is accused of drunk driving, the justice system should be allowed to play out as it is intended.

DUI charges bring harsh penalties that can include license revocation, fines and jail sentences. Since so much is at stake, it is important that an accused drunk driver finds a criminal defense team that will analyze the evidence in a case to determine if field sobriety and Breathalyzer tests were properly administered.

In the case of the Florence County man, it is unclear whether or not a field sobriety or Breathalyzer test was administered immediately after the accident. If the tests were given later, then it would be harder for prosecutors to prove what the driver's blood alcohol content was at the time of the accident.

Field sobriety and Breathalyzer test procedures are not always adhered to, which may result in inaccurate readings. An arrest in these types of situations may be unjust and undeserving.

Despite the tragedy surrounding this specific story, anyone facing DUI charges has specific constitutional rights that must be upheld. A person is entitled to a criminal defense. They also remain innocent until prosecutors can prove their guilt beyond a reasonable doubt.

Source: WMBF News, "Man charged with felony DUI in Alligator Rd crash," June 11, 2012

Tags: Breathalyzer, DUI, Florence County, drunk driving, field sobriety tests

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Sunday, August 12, 2012

West Florence High vandalism could carry serious penalties

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

After a call from school officials, Florence police are investigating a report of vandalism at West Florence High. This report comes just a few months after another act of vandalism at the school caused $15,000 worth of damage. The new report states that paint was found on a storage shed behind the school's track.

Inside the shed, paint was found on other items belonging to the school, including lawnmowers, carts and weightlifting equipment. Any suspect that police apprehend is likely to face criminal charges.

The police and the community take property crimes very seriously. Vandalism, therefore, is classified in varying levels of misdemeanors and felonies. The variation is typically dependent upon the amount of damage caused. This means that a seemingly small offense, like spray painting an object, can result in large penalties like costly fines and even jail. Since these offenses are punished so harshly, an individual accused of vandalism should not take the charges lightly.

In areas where vandalism is frequent, like West Florence High, the community, police and the courts will likely seek to impose harsher penalties. This thirst for retribution will often either force penalties upon those who are undeserving or enforce penalties that are harsher than the offense justifies.

A proper criminal defense team will ensure that the accused is properly protected from these injustices and will seek to have charges reduced or dismissed. This one aspect of the legal system can save the accused thousands of dollars in fines and several months of time.

Vandalism is prevalent in Florence and surrounding areas, and police are quick to point the finger. Though penalties for vandalism and other property crimes might not be as severe as those for violent crimes, they are serious nonetheless. A conviction can mar the records of those who are convicted and haunt them for years to come.

Source: WMBF News, "Vandalism reported at West Florence High," June 25, 2012

Tags: conviction, criminal charges, felony, misdemeanor, penalties, vandalism

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Saturday, August 11, 2012

DUI, drug charges for St. Matthews man police say fled

On behalf of Taylor Law Firm, LLC posted in Blood-Alcohol Tests on Friday, March 30, 2012

Police in Calhoun County recently arrested a St. Matthews man on suspicion of driving under the influence. The incident report offers a list of details that, if not completely analyzed with a view toward protecting the suspect's rights, could result in serious penalties for the driver.

In addition to the DUI charge, the man is also facing allegations of simple possession of marijuana, possession of cocaine, possession of crack cocaine and speeding.

Two law enforcement officers claim the driver was clocked at 45 miles per hour in a 25 zone. They also say the man refused to pull over when the officers tried to stop him. However, it is interesting that the charges filed against him do not include evading police.

According to the incident report, when the man's vehicle hit a sidewalk, one of his tires blew out. When the police approached, they apparently told him to exit the vehicle. The police report claims he was unable to walk straight and smelled of alcohol. Still, it's feasible that the man was unsteady on his feet as a result of his vehicle hitting the curb, since car accidents often make people a bit shaky.

While the officers talked with the suspect, they say they noticed a white powder on his face and what appeared to be crack cocaine in the man's vehicle. The police claim the substance was in a clear plastic bag in plain view. After a search of the vehicle, the officers found a presumably small amount of marijuana, according to the report.

The police claim the driver refused a sobriety test, which means, according to South Carolina law, his license will be automatically suspended for six months. However, sometimes special hearings can be held to give individuals permission to drive on a temporary license.

The charges against the man are very serious, but that doesn't mean he is inevitably guilty. We've discussed previously on this blog how nearly all incident reports written by police point directly toward conviction, even if the circumstances are found to be mitigating. That could also be the case here.

Source: The Times and Democrat, "Driver fleeing police hits sidewalk, blows tire," March 24, 2012

Tags: DUI charge, breath test refusal, driver's license suspension, field sobriety tests, police reports

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No CommentsLeave a commentComment InformationNamePlease enter your name.E-mail AddressPlease enter a valid e-mail address.WebsiteCommentCategoriesBlood-Alcohol TestsBoating Under the InfluenceDrunk Driving ChargesFelony DUIField Sobriety TestsArchivesJuly 2012June 2012May 2012April 2012March 2012February 2012Complete Archives Recent Posts Traffic fatalities may lead to DUI crackdown in Lexington Felony DUI charge for Wagener woman Lexington solicitor passes field sobriety test, avoids DUI South Carolina police crack down on drunk boating in summer heat Popular Topicsarrest videoblood-alcohol testsboating under the influencebreath test refusalBreathalyzercriminal defensedriver's license suspensiondrunk drivingdrunk driving accidentsDUI chargeDUI checkpointsDUI defenseDWI chargefelony DUIfield sobriety testsfirst-time offenderignition interlock deviceLexington Countypolice reportsSouth Carolina lawBlogroll Denver DUI Lawyer Blog Minneapolis Drunk Driving Defense Lawyer Blog Dallas DWI Lawyer Blog

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Friday, August 10, 2012

Elderly South Carolina man charged with felony DUI after crash

On behalf of Taylor Law Firm, LLC posted in Felony DUI on Thursday, April 5, 2012

An 84-year-old South Carolina man was recently charged with DUI after his SUV collided with a stopped motorcycle. Most DUI charges are misdemeanors, but since the motorcyclist was seriously injured in the crash, the 84-year-old now faces a charge of felony drunk driving.

According to police, the elderly man's SUV was moving at about 20 miles per hour when it collided with the motorcycle that was stopped at a traffic light. The 29-year-old on the bike was said to have suffered pelvic fractures and was taken to a local hospital.

The accident report claims the elderly man was facing a green arrow that directed the SUV to head straight on the roadway. But instead of going straight, the 84-year-old apparently turned left into the direction of oncoming traffic, colliding with the motorcycle that was stopped at another traffic light.

The elderly man was not injured in the crash. Police apparently administered a sobriety test, which showed his blood-alcohol content to be 0.13 percent, which is over the legal limit to drive. But readers in the Columbia area may know that such tests are not always accurate. For his own defense, the SUV driver may want to take steps to determine whether the arresting officers administered the blood-alcohol test properly.

Still, since a serious injury resulted from the accident, prosecutors will aggressively pursue the felony charge against the 84-year-old. If convicted, he could face up to 25 years in prison. Such a heavy penalty highlights the importance of taking a close look at the circumstances of an arrest. Police reports almost always point toward conviction, but there often exist mitigating factors that could result in a reduction of charges.

Source: The Post and Courier, "Man, 84, arrested on felony DUI charge after crash with motorcyclist," Andrew Knapp, April 2, 2012

Tags: DUI defense, blood-alcohol tests, drunk driving accidents, felony DUI

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Thursday, August 9, 2012

USC Twitter feed keeps students from drinking and driving

On behalf of Taylor Law Firm, LLC posted in Drunk Driving Charges on Monday, April 9, 2012

Students at USC's Columbia campus have their own early police warning system in their pockets. A new Twitter feed called DrinkingTicket provides the times and locations of DUI checkpoints, identifies undercover cops, and warnings of speed traps to nearly 9,000 Twitter followers.

The idea for the account was developed and founded by a USC student after he received a ticket for possessing alcohol as a minor. He was worried about having a criminal record, losing his scholarship and jeopardizing his college career and future. He now helps his fellow students avoid drunk driving charges by monitoring his twitter account. The account is secure and followers must be approved.

Eventually, he hopes to create an iPhone application and include additional features such as finding a sober cab ride home and free legal advice. Instead of empowering students to feel like they can beat the system, DrinkingTicket supporters say it actually encourages students to find a safe way home, catch a cab or not drive at all. They say kids are going to consume alcoholic beverages, so they might was well do it safely and without getting caught. Critics, however, say that DrinkingTicket lets young people have their cake and eat it, too.

But under South Carolina's zero tolerance law for drinking and driving for minors, helping minors and young drinkers find a safe way home certainly seems reasonable. Any driver under the age of 21 who has had any alcohol whatsoever and gets behind the wheel of a car will be charged with a DUI. Even a blood-alcohol content of a mere 0.02 percent will get your license suspended for at least six months.

In recent years, South Carolina's state legislature has debated bills that would lower the drinking age from 21 to 18.

Source: WISTV, "Frustrated student creates twitter feed to aid in responsible drinking," Taylor Kearns, April 6, 2012

Tags: DUI checkpoints, DWI charge, drunk driving, police, underage drinking

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