This feeling can be all around frustrating, as it tends to affect a person's entire day and mood. However, it is when someone who is tired gets behind the wheel -- or continues to drive -- that the real dangers can arise.
]]> According to the Centers for Disease Control and Prevention, 4 percent of U.S. adults have fallen asleep or briefly nodded off while driving in the past month. Federal statistics point to the fact that this type of driving behavior -- or just driving while drowsy -- was the cause of 11,0000 fatalities between 2000 and 2010.The high number of fatalities points to the fact that more needs to be done.
When it comes to enforcing tired driving, unlike drunk driving or drugged driving, there just is no test police can give to determine if a driver is too tired to drive. Instead, this is why education on the risks associated with drowsy driving is key.
Additionally, drivers who get behind the wheel tired should realize that while there are no laws in South Carolina specifically targeting drowsy driving, drivers can still be held accountable for the injuries others sustained in an auto accident caused by a driver who nodded off or was just too tired to be driving. An attorney with experience handling these types of personal injury cases can provide more legal information.
Source: The Associated Press, “Drowsy driving remains an elusive highway dilemma,” Frank Eltman, May 11, 2013
]]>Of course, how three or four drinks effect a person depends on numerous factors, including height and weight, the amount of time the drinks were consumed in, and whether or not the person had eaten beforehand. With these factors in mind, there is also a human factor where alcohol just affects some people differently.
]]> Right now, the law in South Carolina allows for people to go out, have a few drinks and drive home, as long as the driver is below the 0.08 percent legal driving limit. This percentage is a measurement of the blood-alcohol content in a person's system. All 50 states and the District of Columbia have the same 0.08 percent legal driving limit.However, the National Transportation Safety Board wants to make the legal limits even stricter, dropping the 0.08 percent to 0.05 percent. While the board's idea is that this would reduce the number of drunk driving accidents, others are concerned this would unfairly target responsible drinkers and lead to more driving under the influence arrests.
In looking at the recommendations made by the NTSB, while Mothers Against Drunk Driving are for certain parts of the agenda -- like interlock devices for convicted drunk drivers and more research being done on alcohol sensors -- the group is not necessarily supportive of decreasing the legal limit. Granted, a representative of the group said MADD would not oppose the change, but the group would want to see other remedies presented, such as those targeting repeat offenders.
At this point, readers should keep in mind the legal limit is yet to be changed. Rather, these are just NTSB recommendations. However, if the legal limit is changed, there is a possibility that there will be an increase in drunk driving arrests in the South Carolina area.
Source: New York Times, "States Urged to Cut Limit on Alcohol for Drivers," Matthew L. Wald, May 14, 2013
]]>In this case, two teens -- ages 19 and 18 -- were lost for days in the forest. It took authorities three days to find the 19-year-old and four days to find the 18-year-old. When found, both were dehydrated and delirious. At one point the 18-year-old even said she thought she was being attacked by animals. Both were also unable to put the pieces together on what happened while they were missing and how they even got separated in the first place.
]]> Clearly, one would imagine this was a rather frightening experience for both of these teens. And while surely they are lucky to be alive and no longer lost, the 19-year-old is now facing a drug possession charge as methamphetamine was found in the car that was left parked when they went for their hike in the woods. If convicted, the teen could end up having to serve three years.One of the county board supervisors is also trying to claim that the two had never really intended on going for a hike. Rather, he said they went there to get high and then got disoriented and lost.
At this point, the board is looking into criminal and civil actions against the teens, including ordering the hikers to pay the $160,000 for the search.
In general, in looking at this case, one has to wonder about the repercussions of making the teens pay the search costs. Would people not call for help when a friend or loved one went missing? And what about the drugs that were in the car? Did the methamphetamine definitely belong to the hikers?
Either way, as this case goes to show, drug crimes can carry with them serious penalties. An attorney with experience handling these types of cases should be contacted as soon as charges are pressed to see what defense options may be available.
Source: MyrtleBeackOnline.com, "Drug find means hikers may be charged for search," May 3, 2013
]]>According to the criminal complaint, the 23-year-old man choked the female resident. Two other people in the home reportedly got involved in the altercation. Some items in the home were allegedly destroyed. Two people had to be treated for injuries and were taken to a nearby medical facility.
]]> The 23-year-old has been charged with criminal domestic violence of a high and aggravated nature.In situations like this, the accused may not have intended to get physical. Sometimes people are overcome by emotions and make poor decisions. They may end up acting in a way that they never intended.
Although the allegations against the 23-year-old man are quite serious, it is important that he is treated fairly as he makes his way through the criminal justice system. To ensure that the rights of the accused in situations like this are protected, it is usually best to work with a criminal defense attorney. An attorney can work to see that the accused is charged appropriately and that he or she does not receive excessive penalties.
As people read stories like this in the news it is easy for them to assume someone's guilt. However, procedures are in place to be sure that every aspect of a case is heard and that people are not wrongly convicted.
Source: Index-Journal, "Greenwood man charged with criminal domestic violence," May 1, 2013
· Our firm works with South Carolina residents who are accused of committing a violent crime. Please see our website for more information.
]]>The Governors Highway Safety Administration believes that a big reason for the increase in fatalities is likely due to the warmer temperatures that people in many states experienced in 2012. In addition, the improved economic conditions and higher gas prices pushed more people into buying motorcycles. By the time all of the data from the year is collected, officials expect the number of fatalities to reach close to 5,000.
]]> "The fatality increase is disheartening," the previous president of the GHSA said. "Every motorcyclist deserves to arrive at their destination safely. These numbers represent real people - they are family, friends and neighbors."Motorcyclists should be sure to wear helmets. Like all drivers, they should also avoid speeding and drinking and driving.
Drivers in other vehicles must also take precautions. People in South Carolina and beyond must keep their attention on the road. People who are around motorcyclists should be sure to be extra cautious. After all, because of a rider's lack of protection, motorcyclists often suffer serious and even fatal injuries in accidents.
When a fatal accident is the result of another driver's negligence, victims and surviving family members may decide to take legal action. In some instances, a wrongful death lawsuit is appropriate.
Source: The Washington Post, "Motorcycle deaths continue to climb," Ashley Halsey III, April 24, 2013
]]>The man and woman were reportedly eating dinner when they got into an argument. The woman asked the man to leave when he allegedly became agitated and began knocking things down. The woman says the man proceeded to throw her on a bed and choke her. She was, however, able to fight him off.
]]> The man eventually left the home and reportedly went to a nearby parking lot, which is where police found him. The man was brought to the J. Reuben Long Detention Center around 3 a.m.Police say the woman's body showed evidence of a struggle. She reportedly had scratches and marks on her neck, collar bone, shoulders and arms.
Domestic violence cases are very serious. While it is difficult to hear about these kinds of stories, people must remember that even those charged with serious violent crimes have rights. The man in this situation has the right to defend himself against these charges.
In some criminal cases, it is wise for the accused to seek a plea bargain, especially if the evidence against the accused is quite strong. By pleading guilty to certain charges, the accused could end up facing a less severe sentence.
Whether in South Carolina or beyond, criminal cases are often complex matters. It is usually best for individuals charged with serious crimes to work with an experienced attorney who can defend them against the charges and fight to ensure their rights are protected.
Source: The State, "Myrtle Beach man charged in domestic assault after he told victim to "embrace death"," Tonya Root, April 25, 2013
]]>Around 2 a.m., police say they came upon a vehicle at a stoplight. They claim they found a 34-year-old man asleep at the wheel. That man is a South Carolina police officer who was off duty at the time and using his own personal vehicle. The 34-year-old was arrested and now faces a DUI charge. He has been suspended from his job as a result of the incident.
]]> No matter your age, occupation or background, people in South Carolina and beyond are sometimes guilty of making poor decisions. When it comes to alcohol, people may not realize how much they've had to drink. They may assume that they are fine to drive when in reality they should have called a cab.Unfortunately, a drunk driving arrest can create a multitude of issues that need to be addressed. However, people who face charges for alleged drunk driving should not give up entirely after an arrest. There may be aspects of a case that need to be looked at more closely.
Because a DUI conviction can have a large impact on a person's life, it is usually wise to reach out to an experienced legal professional for help.
Source: WBTW-TV, "SC policeman falls asleep at stoplight, is charged with DUI, Troopers say," April 8, 2013
]]>A 32-year-old man and his 12-year-old stepson were reportedly riding dirt bikes near their home recently when they were struck and killed by a vehicle. The driver of the vehicle reportedly fled from the scene of the accident. However, police recently arrested a 54-year-old man in connection with the accident. He has been charged with two counts of leaving the scene of an accident involving death.
]]> The family in this case was likely relieved to hear that police have found who they believe is responsible for the fatal accident. It is important that people are held responsible through criminal charges. However, further legal action may be necessary in some instances.Sadly, a wrongful death lawsuit will not bring back a loved one who has died in a tragic accident. However, family members may be given a sense of closure through a successful wrongful death claim. A successful lawsuit may also alleviate financial burdens that resulted from a fatal accident.
A car can do a great deal of damage when it is involved in an accident with another vehicle. Because of the lack of protection, an accident involving pedestrians or people on a bike or motorcycle can be even more damaging.
Source: MyrtleBeachOnline.com, "Greenville man charged in fatal hit and run," The Associated Press, April 17, 2013
]]>The first shooting allegedly occurred on June 18, 2012. Authorities claim that the accused shot at a vehicle carrying two people. The left rear tire and the passenger door were reportedly damaged in the shooting.
]]> The second incident reportedly occurred just months ago on Jan. 17. The accused allegedly shot at the same vehicle. The vehicle's rear window was broken and a bullet hole was left in the trunk.No one was injured in either shooting. It is unclear how police were led to the 26-year-old Conway man. According to one report, the targeted individual never saw the accused fire the shots. He simply suspected that he may be responsible.
It is important that those accused of serious crimes are appropriately charged. As we discussed in a post last month, in order for prosecutors to convict an individual of attempted murder, they must prove that the accused intended to fatally injure another person but failed to do so. It is unclear if the accused in this situation intended to do harm or simply hoped to scare the targeted individual.
There are often many aspects to a case. It is important that all of the details are closely examined. In order to do that, an accused individual in Myrtle Beach would be wise to reach out to an experienced criminal defense attorney.
Source: MyrtleBeachOnline.com, "Conway man charged in two Myrtle Beach shootings," Amanda Kelley, April 9, 2013
· Our firm works with people who are accused of committing a violent crime. Please see our website for more details.
]]>One Myrtle Beach woman would be wise to begin working with an experienced legal professional after a grand jury indicted her on a charge of first-degree assault and battery of a high and aggravated nature recently.
]]> The 54-year-old woman is accused of intentionally overmedicating a 63-year-old patient while she was working as a nurse at the Grand Strand Regional Medical Center. The patient was a radio personality who was in the hospital after having a stroke.A witness claims that the nurse administered a potentially fatal dose of morphine to the patient. The witness further claims that the nurse obtained a general anesthetic from another patient's room and administered it to the patient. The patient later died.
Police were not contacted by the hospital until five days after the patient's death. Police began an investigation and arrested the nurse about two months later. Her nursing license was also suspended. Reports indicate that the woman has been a nurse since the early 1980s.
A case like this is quite complex. In order to make appropriate decisions about the next steps in the case it would be best for the nurse to rely on an experienced criminal defense attorney. While this story is tragic, the nurse does remain innocent unless prosecutors can prove that she intended to do harm.
Source: The State, "Nurse indicted in death of North Myrtle Beach," Tonya Root, April 4, 2013
]]>Despite passing laws in some states and organizing campaigns to warn people about the dangers of texting and driving, many people continue the habit. In fact, a survey by AT&T revealed that nearly all adults know that texting and driving is unsafe. However, almost half of the drivers surveyed admitted to texting and driving.
]]> Distracted driving can lead to serious car accidents. According to the Centers for Disease Control and Prevention, more than nine people are killed as a result of distracted driving on a daily basis. More than 3,300 people were killed in 2011 because of distracted driving.Distracted driving has long been thought to be a problem among teenage drivers. However, this study shows that many adults are guilty of texting while driving. It is clear that drivers in many different age groups do not fully understand how dangerous it is to use a cell phone while driving.
It is easy to think that a short text message will be harmless. However, a car accident can happen in a matter of seconds, leaving people with serious and sometimes fatal injuries.
One way to prevent distracted driving crashes is to hold negligent drivers accountable for their actions. Car accident victims can do that through a civil lawsuit. Through a successful civil lawsuit victims may be able to gain compensation as well as a sense of justice.
Source: USA Today, "Texting in traffic: Adults worse than teens," Larry Copeland, March 28, 2013
]]>A judge in South Carolina recently determined that the results of one breath test cannot be used as evidence in an upcoming drunk driving trial. Breath tests deliver the most accurate results when people breathe into the machines for a long time. The police officer who administered the breath test in this case, however, told the driver multiple times to "blow hard" into the machine.
]]> Blowing hard into a Breathalyzer machine may result in an inflated reading. In fact, an instructional video on how to administer breath tests warns officers to avoid having people blow hard into Breathalyzer machines."The importance of this opinion is that it broadcasts to law enforcement that there is a significant problem with a procedure that officers may be employing," the defense attorney for the alleged drunk driver in this case said.
People who are charged with drunk driving in South Carolina may feel uneasy and surprised. In some instances, people may go out for drinks with friends and assume they are fine to drive home. A breath test may reveal that they are above the legal limit.
However, the results of breath tests can be challenged, as this recent ruling shows. Breathalyzer machines are not foolproof. It may be wise in some instances to examine the procedures that law enforcement followed. In addition, it may be necessary to look at a specific Breathalyzer machine to determine whether or not it was working properly.
Source: The State, "Breath test thrown out in Columbia DUI," Noelle Phillips, March 12, 2013
]]>Police were reportedly called to a Myrtle Beach motel around 11:30 p.m. after the man allegedly assaulted a woman. Another person claims to have witnessed the attack. Few details are known about the alleged incident. However, the 37-year-old man has been charged with attempted murder.
]]> In order for an individual to be convicted of attempted murder, it must be proven that they intended to kill another person. If an individual only intended to cause harm to another person, then a conviction for attempted murder would not be valid.Charges of this nature are very serious. If prosecutors prove that an individual intended to kill another person, he or she could face harsh penalties. That individual may be forced to spend years behind bars, which could affect nearly every aspect of his or her life.
Obtaining a conviction, however, is not easy. Prosecutors have to prove an individual's guilt beyond a reasonable doubt. A solid defense against the charges could poke holes in the prosecution's case.
When charges of this nature are filed, individuals in South Carolina and beyond would be wise to reach out to an experienced criminal defense attorney. In addition to fighting the charges, an attorney may seek to have the charges reduced. Although justice should be served for victims of crimes, individuals should be charged appropriately.
Source: MrytleBeachOnline.com, "Myrtle Beach police charge Camden man with attempted murder," Tonya Root, March 15, 2013
]]>Although they are likely continuing to grieve at this point, the family of a lacrosse coach could end up pursuing legal action. The 30-year-old coach, who was six months pregnant, was recently involved in a bus accident as she and her team were on their way to a game. The coach was taken to a hospital for treatment. Sadly, she died from her injuries. Her unborn child also did not survive the crash.
]]> The driver of the bus died at the scene of the accident. Two other passengers on the bus were taken to a nearby hospital with serious injuries. Others were treated for minor injuries.It is unclear to authorities what caused the bus to veer off the road and crash into a tree. Weather could have been a factor in the accident.
Family members may not know where to turn after they lose a loved one in an accident. The sadness that some people feel could be paralyzing. However, families should know that legal action can be taken if one party was negligent.
Because it can be difficult to move forward after losing a family member, people in Myrtle Beach and beyond may find it beneficial to rely on an experienced legal professional. An attorney can examine a case to determine whether or not legal action is appropriate. If it is, they can lead families through the process and help them obtain the compensation that they deserve.
Source: CNN, "Pregnant lacrosse coach among 2 dead in Pa. bus crash," Greg Botelho, Susan Candiotti, March 17, 2013
]]>A Myrtle Beach man faces assault charges after a recent argument with a 41-year-old woman. Authorities claim that the man began kicking the woman in the head around midnight on a recent weekend night. The woman said the man choked her. The man allegedly stopped choking the woman when another person walked into the room.
]]> Although the woman did not seek medical treatment, the man was arrested and held on $7,500 bond. He has been officially charged with criminal domestic violence of a high and aggravated nature.These kinds of charges can lead to serious penalties. If convicted, a person could spend a significant amount of time behind bars. That individual could also be forced to pay steep fines.
An assault charge conviction can also affect other aspects of a person's life. A person could have trouble obtaining employment. Relationships with family and friends may also suffer.
No matter where you live, trying to understand the complexities of the criminal justice system can be hard. That is why it is usually best to consult with an experienced legal professional. An attorney who has fought assault charges before can help an individual plan a solid defense against the charges. With their vast understanding of the law, they can also advise an individual on when it may be best to accept a plea agreement.
Source: MrytleBeachOnline.com, "Myrtle Beach man charged after woman reports being choked, kicked," Tonya Root, March 11, 2013
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