Charleston DUI News for 01-06-2018

Attorney David Aylor Charleston Sc…

Charleston, SC Personal Injury, Criminal Defense, Auto Accident & DUI Lawyer David Aylor as Featured on Dateline NBC. Since 2007 David Aylor has been building a thriving law practice in the … criminal defense attorney and civil litigator, David is the acting Prosecutor for the City of …. David Aylor North Charleston Law Office. 6681 likes 58 talking about this 149 were here. Meet David Aylor… Can I file an auto accident claim if my car is still okay? Here’s Charleston Auto Acc…. If you have been pulled over and charged with driving under the influence, it is important to contact the Charleston DUI attorneys of David Aylor Law Offices. We know how upsetting and complex this process can be and we are here to help. Our expansive knowledge and experience in the practice of law has made our DUI …. After graduating from The College of Charleston with a degree in Political Science, David Aylor earned a law degree from the University of South Carolina and clerked for the SC Senate Judiciary Committee under Sen. Glenn McConnell , as well as clerking for US Magistrate Judge Robert S. Carr and criminal attorney …. David Aylor is a Personal Injury Attorney in Charleston, SC. Click David’s profile to discover their Avvo Rating, write a review, and read professional endorsements. Apr 9, 2015 … It’s so very tempting, especially to a new lawyer seeking to establish his brand. The legal marketing gurus all say that if you don’t get out there and sell yourself, who will? So when Charleston, South Carolina lawyer David Aylor, admitted to practice law in 2006, saw his opening, he went for it. David Aylor Law Offices is a law firm in Charleston, SC with 1 attorneys selected to the Super Lawyers or Rising Stars lists.

Keywords: [“David”,”Aylor”,”Charleston”]
Source: http://www.search.alot.com/landing?slk=attorney+david+aylor+charleston+sc…

Charleston, SC Criminal Defense Attorney

Sometimes a trial led by a dedicated criminal lawyer is necessary. Specific Areas of Criminal Practice: DUI. A DUI or DUAC conviction carries serious consequences that can follow you for the rest of your life. There are many ways for a defense attorney to challenge DUI or DUAC charges. Charleston is the only city in the United States with a Livability Court. You will have to appear in Livability or Magistrate’s Court if you are accused of a relatively minor crime, like underage possession of alcohol or trespassing. Even though these are “Lower” criminal courts, you still have the same rights as you would in General Sessions Court, including the right to a jury trial and to challenge the prosecution’s case against you. Even though these courts handle relatively minor crimes and are in some ways less formal than General Sessions, a criminal conviction in Livability or Magistrate’s Court leaves you with a criminal background. Even though you might not go to jail for a simple possession of marijuana conviction, it’s still a serious problem to be charged with any type of drug crime. We’ll work together to find the best way to pursue a favorable outcome. If you’re being charged or questioned in connection with a violent crime, you should seek an attorney immediately. A conviction for a violent crime can seriously undermine your future, affecting job opportunities and other privileges. Even a simple assault and battery charge can carry significant consequences. Contact me to set up a meeting where we’ll discuss the best way to resolve your violent crime charge either in or out of court. It’s always best to get out in front of your charges as soon as possible to make sure we prepare the best defense available. Even if your particular charge doesn’t fit into the categories above, you can still contact me to discuss your case, as I offer representation for a full range of criminal charges.

Keywords: [“court”,”crime”,”best”]
Source: http://www.ryanphillipslaw.com/practice-areas/criminal-defense.html

South Carolina DUI Laws, Fines and Penalties

Learn about the penalties for a DUI conviction in South Carolina. What are the penalties for a DUI in South Carolina? DUI fines and penalties in South Carolina vary according to the Blood Alcohol Content of the driver when arrested. Multiple convictions for drunk driving may also result in a court ordered installation of an **Ignition Interlock Device on your vehicle at the convicted drivers expense. The Department of Motor Vehicles will publish and release the names of all drivers who have had their license suspended because of a DUI. How much do you have to drink for a DUI in South Carolina? What if you refuse to take a chemical test in South Carolina? Learn more about South Carolina’s implied consent law. Can you plead to a lesser offense than DUI in South Carolina? No, a plea bargain for a conviction of “Wet reckless” is barred by statute in South Carolina. Drinking and Driving Laws in South Carolina It is illegal in the State of South Carolina to drive with a blood alcohol concentration of.08 percent or above. The limit is lower for commercial drivers and drivers under the age of 21. In addition to alcohol, it is also illegal to drive in the State of South Carolina under the influence of controlled substances such as marijuana, cocaine, inhalants and other intoxicating substances. How many drinks does it take to reach the legal limit in South Carolina? There isn’t one correct answer to this question, there are calculators and tables that can serve as a reference, however these devices cannot predict with certainty what your exact BAC level will be at a given time. The State of South Carolina has strict laws for drunk driving, and when you drink and drive in South Carolina, you risk your freedom, finances and your future. This bill revises the period of time a person’s privilege to drive must be suspended when he refuses to submit to a chemical DUI test.

Keywords: [“drive”,”Carolina”,”South”]
Source: http://dui.drivinglaws.org/scarolina.php

Charleston DUI News for 01-03-2018

SC Sen. Paul Campbell charged with DUI in Lowcountry wreck

A South Carolina lawmaker – and chairman of the Senate Ethics Committee – is accused of lying to police after rear-ending a car in the Lowcountry, allegedly while under the influence, according to authorities. Sen. Paul Campbell, 71, of Goose Creek, was charged with DUI and providing false information to police, according to Charleston County jail records. “The charges are one thing; let’s see what comes out in court,” Campbell told The State newspaper when reached by a reporter Sunday. “I think I’m innocent, and I think in the court case it’ll come out that way. I just tell people ‘Don’t judge me on the charge, judge me on the court case.'”. Troopers eventually determined that Campbell was driving the 2017 Mercedes SUV, Collins said. After Campbell failed field sobriety tests, he was charged with DUI and providing false information to police. No injuries were reported in the collision, which Collins said caused minor damage to both vehicles. Campbell provided a breath sample that yielded a.09 percent blood-alcohol content, Collins said. Campbell’s wife Vicki, who was the passenger in the car, also was charged with providing false information to police, Collins said. “I’ve just been told to keep my mouth shut about it and see what comes out in court,” he said. Campbell, who has represented Berkeley, Charleston and Dorchester counties in the S.C. Senate since 2007, chairs the Senate Ethics Committee. Savage represented Michael Slager, a white former North Charleston police officer who fatally shot a black motorist named Walter Scott in April 2015. Campbell was released from jail late Sunday morning on personal recognizance, according to online court records. Providing false information to police is a misdemeanor that carries up to 30 days in jail or a $200 fine, under South Carolina law. First-time DUI offenders face a misdemeanor charge and a maximum 30-day jail sentence, as well as a fine and court costs.

Keywords: [“Campbell”,”police”,”court”]
Source: http://www.thestate.com/news/local/crime/article182882806.html

Underage DUI Charges In South Carolina

In South Carolina, a person who is under the age of 21 and operates a motor vehicle after drinking alcohol will be subjected to the state’s zero tolerance policy. A person under the age of 21 who drives with a blood alcohol concentration of.02 percent or greater will be charged with underage drinking and driving. If a law enforcement officer suspects an underage driver of DUI, they can charge the individual under South Carolina’s Zero Tolerance Law. Traditional DUI requires a blood alcohol content of 0.8 percent or higher. With a driver under 21, a BAC of 0.2 percent or higher will get them charged with DUI. This means the majority of individuals who are under 21 will be over the legal limit after one drink. Should the person who is arrested for underage DUI be suspended under the Zero Tolerance law, there won’t be any prosecution for criminal DUI. Penalties for Underage DUI in South Carolina. Should a person under the age of 21 be found guilty of DUI, they could have their driver’s license or permit suspended or withheld. When an underage DUI case is pending, the individual charged with the DUI is entitled to an Administrative Hearing. If a minor is charged with DUI, things will be much worse if they are suspected of being in possession or using a fake ID to obtain or buy alcohol. When a minor is convicted of DUI, they may lose their ability to obtain sufficient insurance in the future. It is common for insurance companies to deny policies to people who have a minor DUI conviction on their record. South Carolina works hard to prevent minors from having access to alcohol. The penalties associated with an adult providing alcohol to a minor are covered in S.C. Code 61-6-4070(1). There are exceptions such as a minor being provided alcohol by their parent’s in their parent’s residence. A minor can serve alcohol in a restaurant, but are not permitted to mix liquors or work as a bartender.

Keywords: [“DUI”,”alcohol”,”drives”]
Source: https://www.deatonlaw.net/understanding-underage-dui-in-south-carolina

Charleston & Mt. Pleasant DWI Defense

DUI enforcement is extensive and aggressive in South Carolina. Your Charleston DUI attorney must be aggressive as well. Ideally, your lawyer should have years of experience, with a strong track record of successful case outcomes. Have you been caught up in South Carolina’s “Sober or Slammer” anti-DUI/DWI campaign? Were you arrested on suspicion of driving under the influence of alcohol because you were snagged in a so-called sobriety checkpoint trap? Did police consider you guilty before investigating the facts simply because you had alcohol on your breath? Is “Buzzed driving” really drunk driving, as the publicity campaign states? Get your driver’s license back now! Drennan Law Firm wins tough DUI cases, including tough felony DUI arrests. Drennan Law Firm is prepared to put up a fair and effective fight on your behalf. From our law offices in Charleston and Mount Pleasant, we aggressively represent people charged with DUI. We invite you to contact us to schedule a free consultation. Being stopped or arrested or charged with driving under the influence of alcohol does not mean you have been proven guilty beyond a reasonable doubt. Contrary to popular belief, it is not against the law to drink and then drive. Rather, it is against the law to drive while appreciably impaired: mentally, physically and materially. An effective DUI defense attorney takes up the challenge of protecting your rights through all phases of a drunk driving case. A poor outcome during a sobriety test is not the equivalent of a guilty DUI verdict in a court of law. Do not let a police officer imply that your case is a sealed, slam-dunk conviction before you have had your day in court. A strong defense in a DWI/DUI case begins with a carefully prepared appearance in an administrative hearing before the Department of Public Safety. Our experienced Charleston DUI lawyers welcome the opportunity to evaluate your case, with no further obligation unless you choose to proceed.

Keywords: [“DUI”,”drive”,”case”]
Source: https://www.drennanlawfirm1.com/Charleston-DUI-Lawyer

Charleston DUI News for 12-28-2017

South Carolina DUI & DWI Laws & Enforcement

South Carolina DUI & DWI. Drinking and driving is a serious and dangerous offense in South Carolina. If you are arrested for driving under the influence of drugs and/or alcohol, you will face criminal penalties in court and administrative penalties with the South Carolina Department of Motor Vehicles. On this page you’ll find information about the definitions of a DUI, the common penalties, and the steps you may need to take to reinstate your driver’s license. In South Carolina, it is illegal to drive a vehicle if your blood-alcohol concentration is 0.08% or higher. DUI or Refusing a Chemical Test Penalties in SC. The penalties for a DUI/DWI in South Carolina will vary depending on the severity of your offense and the number of times you’ve committed a DUI in the past 10 years. If you drink and drive you will face both criminal penalties in court and administrative penalties with the South Carolina DMV. It is also important to remember that South Carolina has an “Implied Consent” law. This law basically states that if you drive in the state of South Carolina you agree to take a chemical test of asked to do so by a law enforcement official. Administrative penalties are civil penalties and are in addition to, and separate from, criminal penalties. In addition to criminal court penalties, you will face the following penalties with the South Carolina DMV:. 1st offense: Driver’s license suspension for 3 months. Criminal Penalties Criminal penalties for DUI or refusing a chemical test are high in South Carolina. Again, these penalties will be in addition to any administrative penalties. Criminal penalties are greatly impacted by your BAC at the time of testing. The following are the minimum criminal penalties you may face in court for a DUI with a BAC of under 0.16%*:For a 1st offense, you may face: A fine of $400. Minimum 48 hours in jail. Your IID will have to be inspected by the South Carolina Department of Probation, Pardon and Parole every 60 days. After satisfying the South Carolina court requirements and criminal penalties for a DUI/alcohol-related offense, you’ll need to reinstate your driver’s license with the South Carolina DMV once your suspension period is over.

Keywords: [“penalties”,”drive”,”South”]
Source: https://www.dmv.org/sc-south-carolina/automotive-law/dui.php

Best Dui Lawyer Near Me Manor PA

A DUI is a serious criminal charge that has a harsh and lasting impact on your finances and future. We focus on fighting your DUI charges to reduce the consequences and penalties you may have imposed. There are strategies that we can use to fight a DUI which will be dependent on the details of your case. We have seen it all and will come up with the best defense and the best options for your case. Technical challenges to the DUI charge have absolutely nothing to do with whether or not you were under the influence when you were driving. If a court determines that a police officer randomly stopped your vehicle without good cause, then the evidence of your DUI would not be allowed to be used against you. Since a traffic stop triggers most DUI charges, it is important you get an experienced Manor DUI attorney who would investigate whether the officer had no good reason to stop your car. An experienced Manor DUI attorney can also challenge the procedures used in performing chemical, breath or Filed Sobriety Testing. An experienced Manor DUI attorney can go about this in several ways, including but not limited to challenging the officer’s credibility in court, challenging the fact that you were driving, focusing on the fact that you didn’t fail the Field Sobriety testing, focusing the court’s or Jury’s attention to the fact that your failure to perform chemical or Filed Sobriety Tests weakens the prosecution’s case. Another strategy would be using expert witnesses to show that most of the breath test results are simply unreliable ways of proving a DUI. Lawyers For Drunk Driving Manor Pennsylvania. Our Law Firm has proven experience when it comes to defending DUI cases. Call our offices or fill out our free case evaluation to discuss your case with a qualified lawyer. If you are dealing with any under the influence of alcohol using price, allow our VTS DUI lawyers help you look greater intently at your legal options. The penalties for a DUI conviction are too incredible to disregard the opportunity that the evidence against you is incorrect. We are able to scrutinize the evidence that other attorneys may additionally expect cant be defeated, due to the fact we remember that DUI proof is a good deal greater complex than meets the eye.

Keywords: [“case”,”DUI”,”lawyer”]
Source: http://dwisolutions.services/best-dui-lawyer-near-me-manor-pa.html

On July 10, the South Carolina Court of Appeals published their opinion in State v. Henkel, a case dealing with the legal requirement of video at DUI stops. The case addressed SC Code section 56-5-2953, which applies when a person violates either section 56-5-2930, section 56-5-2933 or 56-5-2945. In an arrest for any of these three violations, 56-5-2953 states that there must be a video recording of conduct at the incident site and at the breath test site. The recording taken at the incident site must include any field sobriety tests administered and must show both the actual arrest and the person being advised of his/her Miranda rights. The Court held in Henkel that the video taken at the incident site failed to comply with section 56-5-2953 because of the time at which the video was activated. Pursuant to this section of the Code, a police officer is required to read a person his/her Miranda rights before issuing any field sobriety tests. The arrest and the field sobriety test(s) must be caught on video tape “As soon as practicable.” In Henkel, the officer first approached the suspect while he was being treated for injuries sustained in a collision earlier that night. The arresting officer read Henkel his Miranda rights and then conducted a gaze test. The officer subsequently moved Henkel to the side of the patrol car and administered an ABC test. Both field sobriety tests were captured by audio, but neither on video. After administering the ABC test, the officer moved Henkel into the patrol car, at which time he turned the dashboard camera to face Henkel, and read him his Miranda rights again. The trial court determined that the audio recordings of the tests were sufficient to fulfill the requirements of the statute. The Court of Appeals reversed the trial court’s decision and held that because the Miranda reading that was videotaped was done so after the field sobriety tests were administered, and because there was no actual video of these tests, the recordings did not conform to the requirements of section 56-5-2953. You can read the complete Court of Appeals decision in State v. Henkel by clicking here, and you can read the applicable statutes by clicking here.

Keywords: [“test”,”Henkel”,”video”]
Source: http://millerconwaylaw.com/recent-south-carolina-case-may-change-police…

Charleston DUI News for 12-18-2017

DUI Laws, Lawyers and Law Enforcement

In March of this last year, I wrote about Utah’s efforts to lower their state’s blood alcohol content limit to 0.05 percent rather than the current nationally consistent limit of 0.08 percent. In 2013, the National Transportation Safety Board voted to recommend that states lower their blood alcohol limits to 0.05 percent and cited studies that have shown that impairment can occur with a blood alcohol content of 0.05 percent. As of earlier this year, it seemed as though Utah would be the first to implement the lower BAC limit into its state law. After some backlash from the hospitality industry, Utah Governor Gary Herbert indicated his desire to soften DUI penalties under the new lower BAC law. The state’s Substance Use and Mental Health Advisory Council recently voted to keep the lower BAC change in the law without softening any penalties. SALT LAKE CITY – A state council studying Utah’s new law setting the country’s strictest DUI threshold is backing away from recommending any changes, despite Gov. Gary Herbert’s wish to soften some penalties following a backlash from the state’s hospitality and ski industry. The state Substance Use and Mental Health Advisory Council voted unanimously to support the new 0.05 percent blood alcohol limit scheduled to take effect next year after learning that law enforcement officials and Gov. Gary Herbert’s office disagree on how the state could soften penalties for those convicted of a DUI under the lower limit. The stalemate makes it tougher for legislators and Herbert, who had hoped to make changes to the law in the wake of the backlash and concerns that the lower limit could target responsible drinkers after one alcoholic beverage. The law lowering Utah’s DUI blood alcohol limit to 0.05 percent from 0.08 percent created a political problem for leaders who worry the strict new limit exacerbates Utah’s reputation as a Mormon-dominated state that’s unfriendly to those who drink alcohol. At Herbert’s request, a committee of prosecutors, law enforcement and officials and others has been working since spring to draft possible changes to the law, which were presented Tuesday to the substance use council. Paul Boyden, an attorney in the Salt Lake County District Attorney’s Office, said the DUI study committee that he helped lead suggested changing the law so that drivers with a 0.05 to 0.07 blood alcohol limit faced some lighter penalties – such as no mandatory jail time – than a full-fledged DUI. But the penalties would be harsher than Utah’s lesser crime of impaired driving – an offense that Boyden said most drivers arrested for DUI are convicted of because they strike plea deals with prosecutors. Proponents of the 0.05 limit, including the National Transportation Safety Board, say people start to become impaired with a first drink and shouldn’t be driving and the lower limit will discourage people from thinking they can drink up to a point and drive safely. The new law means a 160-pound man could be over the 0.05 limit after two drinks, while a 120-pound woman could exceed it after a single drink, according to data from the California Department of Motor Vehicles. If Utah passes the lower limit BAC law, let’s hope that it doesn’t become a trendsetter for the rest of the states. For many people, a 0.05 percent blood alcohol content limit will mean that they’ll be subject to a DUI after only a glass of wine with dinner and who are clearly not under the influence nor a danger to the streets.

Keywords: [“limit”,”law”,”0.05″]
Source: https://www.duiblog.com

Charleston DUI Accident Lawyer

Have you or someone you know been the victim of injury or wrongful death as the result of a drunk driver? Our experienced injury lawyers can help. Your Charleston DUI Accident lawyers at Howell and Christmas, LLC know the laws regarding drunk driving accidents and injuries in South Carolina. The injuries and other losses from these accidents are usually very significant and can change your life forever. These cases are very emotionally charged in that the grossly negligent and reckless conduct of the drunk driver that caused your injuries, and/or death in these types of cases, is not just an accident. The drunk driver must be held accountable for their actions because they could have easily avoided the accident by making the right decision not to drive after drinking. Given this reckless conduct of the drunk driver, you are entitled to not only move to recover all of the damages that you would be able to seek in a normal personal injury case you are also able to move for what is known as punitive damages. Your skilled Charleston DUI accident lawyers and staff know the ins and outs of drunk driving laws and the civil justice system and stand ready to help you and your family make a full recovery for all of your losses caused by the selfish acts of the drunk driver that caused your accident and injuries. Automobile accidents are the most common form of drunk driving cases in South Carolina. In these cases your law firm can help you discover the full amount of insurance available to be recovered in your case as well as do an assets check of the individual responsible for your injuries to determine if there are more assets that can be seized and converted to payment to cover your losses. In 2007 alone, it is reported that there were almost thirteen thousand drunk driving deaths in the United States as well as tens of thousands of other serious injuries. Those who choose to ignore the law and drive after drinking could be repeat offenders that in many instances have more than one charge and/or conviction for driving under the influence prior to being involved in a fatal crash. Almost one and a half million drivers were arrested, according to the last statistical data compiled in 2006 on this issue, for driving while drunk or under the influence of drugs. Given these sobering statistics, it is clear that drunk driving accidents will continue to be prevalent in our state and continue to cause catastrophic losses to you and those other victims of these accidents. Your Charleston DUI accident lawyers have a proven track record of fighting for the injured and their families in South Carolina and stand ready to help you make a full recovery for all the damages and losses caused by the wrong doer/drunk driver in these accidents. Let one of our experienced Charleston DUI accident attorneys tell you more about your rights regarding drunk driving accidents in South Carolina.

Keywords: [“drive”,”Accident”,”drunk”]
Source: https://www.howellandchristmas.com/charleston-dui-accident-victim…