In South Carolina, the state courts have various tools at their disposal to punish or help to rehabilitate individuals who have been charged and convicted of Driving under the Influence (DUI). Of course, courts have the ability to sentence those charged with criminal offenses to serve jail sentences. In the case of DUI convictions, a […]
In many states, including South Carolina, the government has instituted what are called “zero tolerance” laws regarding underage drinking and driving. Under these zero tolerance laws, the state considers anyone under the legal drinking age of 21 to be prohibited from consuming alcohol and then driving. So, any trace of alcohol is a crime for […]
In criminal cases, there are extremely high risks for the accused. There is the risk of incarceration of course, but not just the issue of being imprisoned but the length of imprisonment as opposed to probation or other criminal penalties such as fines. Additionally, there are various other issues that relate to a potential conviction. […]
It is not uncommon for intoxicated drivers to be stopped by law enforcement personnel during any period throughout the year. To be sure, police officers and other members of law enforcement often patrol the roads of South Carolina, searching for those who may be driving under the influence. However, there are certain times throughout the […]
In many cases, a DUI arrest arises from an individual who has had too much too drink and attempted to drive. To be sure, some people may find themselves in this situation if they simply had one too many beers after work and hopped in the car to go home. In other cases, however, those […]
Under traditional tort theories like respondeat superior – employers are responsible for the negligent acts of their employees – and negligent entrustment – owners are responsible for the negligent acts of persons who borrow their property – it would seem that Budget, U-Haul, and other similar companies would be responsible for damages if their vehicles […]
The Federal Constitution grants defendants important rights to protect them from government interference and improper prosecution. By setting out important personal rights in the Bill of Rights the Framers of the Constitution intended to put limits on the Federal and state governments. These rights protect individuals from government overreach and requires government agencies, such as […]
Under the United States Constitution, it is illegal for the government to make what are legally considered to be “unreasonable” searches and seizures. A search must be made with either a warrant issued by a judge or be based on the law enforcement officer’s reasonable belief that evidence of a crime is present. Warrants The […]
In South Carolina and every other state, the blood alcohol content level of a driver is generally a major factor in determining the guilt or innocence of a driver and even the severity of a given sentence. South Carolina law prohibits individuals from driving a car while under the influence of alcohol to the extent […]
Police departments across the country have been increasing their reliance on cameras, either dashboard-mounted or personal cameras attached to uniforms, to use as evidence in driving under the influence (DUI) cases. South Carolina is no exception. However, recently there has developed a debate surrounding whether these police videos should be deemphasized or not in court […]
If you are accused of a crime you are guaranteed certain rights under the United States Constitution. Each of the first ten amendments to the federal Constitution, also known as the Bill of Rights, provides important rights for individuals to be protected from government overreach. Some of the most important legal rights as a criminal […]
What is a Sobriety Checkpoint? Sobriety checkpoints are roadway screening processes where the police will initiate a roadblock on a given road and stop all cars passing through the road and briefly interview or otherwise investigate the driver of each vehicle to determine whether each driver is sober or not. Often these checkpoints may be […]