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Amnesty Week Helps SC Drivers with Suspended Licenses

Posted on Tuesday, March 14th, 2017 at 10:14 pm    

This Monday marked the first day of Driver Suspension Eligibility Week in South Carolina. Also known as amnesty week, March 13 through 17 offers drivers with suspended licenses a viable option to get back on the road. During amnesty week, drivers with certain license suspensions could be eligible to have their licenses reinstated. According to the South Carolina DMV, the following types of suspensions might qualify for eligibility:

  • Excessive points for someone under the age of 18
  • Operating an unlicensed taxi
  • Operating an uninsured vehicle that they did not own
  • Operating or allowing someone else to operate an uninsured vehicle
  • Driving under suspension, excluding alcohol or drug related convictions

If you fall under one of these categories, head to the DMV this week to see if you can get your license suspension cleared or reduced. Especially if one bad mistake caused your license to be suspended, this week could be a great opportunity to get you back on track. Even if your license suspension is not eligible for amnesty week, a qualified Columbia attorney could be able to help you have your suspension revoked. At Truslow & Truslow, we protect people who are facing the negative consequences of a single mistake. Contact us at (803) 256-6276 to see what we can do for you.

Court’s Decision Affirmed – License Suspension 5 Years after DUI Conviction is Unfair

Posted on Tuesday, January 24th, 2017 at 9:00 pm    

In a recent decision by the South Carolina State Court of Appeals, it was confirmed that the suspension of Anna Wilson’s driver’s license five years after her DUI conviction was unlawful. Namely, the suspension violates standards of fundamental fairness and due process rights. The decision comes after an appeal made by the DMV, which claimed the circuit court’s original ruling—that Wilson’s delayed license suspension was unfair—went against precedent set by earlier cases. The legal analysis in response to the appeal found the circumstances of the case mentioned by the DMV were not the same as the Wilson case and, therefore, the case was not sufficient evidence to uphold Wilson’s delayed license suspension.

In November 2008, Anna Wilson was arrested for a DUI by the Irmo Police Department and subsequently convicted. Following her conviction, Wilson paid all the requisite fines and completed an Alcohol and Drug Safety Program. The next year, while trying to obtain a restricted driver’s license, Wilson was informed that the DMV had no record of her DUI conviction. In response, Wilson made calls to the Irmo Town Clerk and her insurance agent to inquire why the DMV did not receive her DUI conviction ticket. Many years later, after eventually receiving a certified copy of Wilson’s DUI ticket in 2014, the DMV told Wilson that her license would be suspended because of her conviction five years prior.

Wilson immediately brought action against the DMV and a circuit court ruled the five-year administrative lag between her conviction and license suspension would violate her rights to fundamental fairness and cause her undue hardship. However, the DMV countered by filing an appeal of the decision and citing a previous case, State v. Chavis, wherein William Chavis’ license suspension one year after his conviction was upheld because it was not found to violate any due process rights.

The appeals court ruled the Chavis case differs from Wilson’s in that she actively sought resolution from her license suspension in 2009 by calling the Irmo Town Clerk and her insurance agent to inquire about the status of her conviction. Wilson’s testimony additionally stated she would have served her suspension earlier, had she known about it. These factors differ from the State v. Chavis case, wherein the court did not find a due process violation because Chavis did not seek to have his license suspension promptly ordered. Rather, he waited quietly during the administrative lag with the hope that his suspension would be overlooked or unenforced. As a result, the court noted that Chavis did not suffer any prejudice or undue burden. Furthermore, the court found that Wilson would face undue hardship from the license suspension that Chavis did not, resulting in an affirmation of the original ruling.

Navigating all of the repercussions of a DUI conviction alone can feel impossible. With so many civil and criminal penalties associated with an intoxicated driving charge, the support and counsel of a DUI attorney is urgent. If you are facing DUI charges, don’t hesitate to contact the legal team at Truslow & Truslow by calling our Columbia DUI defense attorneys at Truslow & Truslow. Our highly skilled DUI lawyers can fight for your interests and support you through this tumultuous time.

Roadside Sobriety Tests and Breathalyzer Tests in South Carolina

Posted on Thursday, January 19th, 2017 at 6:54 pm    

In early December, Clemson University economics professor and Columbia resident, Ronald David Lamie, was arrested for a DUI after his vehicle was spotted repeatedly crossing the center line along a Kershaw County road. After two officers stopped Lamie and noticed the strong scent of alcohol coming from his vehicle, the deputy performed a roadside sobriety test and determined he was severely intoxicated. Later, Lamie was brought to a detention center and took a breathalyzer test, confirming that his BAC was 0.15, well over the legal limit.

In the event that you are pulled over by an officer under suspicion of driving intoxicated, many are confused as to whether they would be allowed to refuse a chemical test that would determine their level of sobriety. While all states differ in how they treat DUI laws, most states—including South Carolina—have an “implied consent” law, wherein refusal to take a chemical test will result in suspension of your driver’s license. Although there are many factors to consider when determining whether you would be better off refusing a chemical test in a DUI arrest, a well versed Columbia DUI lawyer can help guide you through this process.

Penalties for Refusing a Chemical Test

Even though logic follows that refusing a sobriety or chemical test will give the court no hard proof of your intoxication, not taking these tests generally do not help your case. In fact, prosecution can use your refusal as evidence that you were indeed intoxicated. The penalties for refusing a chemical test when pulled over include:

  • First offense – 6 month license suspension
  • Second offense – 9 month license suspension
  • Third offense – 1 year license suspension

It should also be noted that just because you do not take a chemical test does not mean that you will not receive a conviction. Jury members may think that if you truly were not intoxicated, you would not be so hesitant to take a breathalyzer test. The best thing to do in these circumstances would be to consult with a lawyer.

Contact a DUI Lawyer in Columbia

Driving while intoxicated will not only result in a criminal record, but the stigma associated with a conviction could impact your career, reputation, and relationships. While the repercussions of a DUI are difficult to cope with and this may present a stressful time, you do not have to face these uncertainties alone. Don’t hesitate to contact the highly skilled DUI attorneys at Truslow & Truslow by calling our Columbia offices at (803) 256-6276 for help in your case.

How does the state of South Carolina define DUI?

Posted on Sunday, January 15th, 2017 at 6:19 pm    

Like in other states, South Carolina considers drunk driving a serious violation; offenders not only endanger themselves but also the lives of innocent drivers and pedestrians around them. Drivers might get a ticket or, more likely, authorities could arrest and further penalize them if they have been found out to be under the influence of intoxicants past the legal limit. Drivers should know the following information on how the state define DUI:

  • Blood Alcohol Concentration of 0.08 percent or above is considered illegal
  • It is illegal for drivers whose age is below 21 years old to drive if their BAC is 0.02 percent or above
  • It is illegal for Commercial Drivers License bearers to drive a vehicle if their BAC is 0.04 percent or above

Drivers should know that they may need to settle hefty fines or they may serve imprisonment if authorities find out that they are driving a vehicle while under the influence of intoxicants. More serious penalties could be imposed for offending drivers who have been involved in vehicular accidents that resulted in personal injuries.

If you have been arrested for DUI, the Columbia attorneys at Truslow & Truslow may work for you. Find out how today by calling (803) 256-6276.

Administrative penalties imposed to DUI offenders in SC

Posted on Thursday, January 12th, 2017 at 4:30 pm    

Vehicle drivers may face administrative penalties in South Carolina if authorities catch them driving a vehicle while under the influence (DUI). DUI offenders are penalized because they endanger other motorists and themselves when they decide to drink and drive.

Administrative penalties are often imposed on DUI violators or those who refuse to undergo chemical testing and have decided to argue the case. For first-time DUI offenders, their license could be suspended for six months—longer if their Blood Alcohol Content (BAC) is 0.15 percent or more. Second and third time DUI offenders, on the other hand, could have their drivers’ license suspended for a longer period of time. DUI offenders will then need to finish a course from the Department of Alcohol and Other Drug Abuse Services (DAODAS) and should settle a $100 fee to have their license validated again. DUI violators will also be required to secure SR22 insurance for three years once they have their license back following a suspension.

DUI offenders should also note that aside from administrative penalties, criminal penalties could also be imposed upon them if their actions resulted in serious physical injuries or property damage. The Truslow & Truslow lawyers in Columbia understand the repercussions of a DUI. If you are facing such a charge, call us today at (803) 256-6276 to find out how we may work for you.

Lexington woman facing DUI charges after fatal car accident

Posted on Monday, January 9th, 2017 at 8:23 pm    

Police are blaming a car accident that killed one person last Thursday night on a woman they say was intoxicated.

According to a report released by the Lexington Police Department, the accident was caused when alleged drunk driver Nicole Marie Wilson, 29, drove through a red light and crashed into another vehicle that was passing through the intersection on the 4200 block of Sunset Boulevard. The accident occurred shortly after 11:00 p.m.

Wilson is facing a charge of felony driving under the influence involving death and has been placed into the Lexington County Detention Center.

Troy Hill busted over intoxicated driving suspicion

Posted on Friday, December 30th, 2016 at 6:37 pm    

NFL cornerback Troy Hill was taken into custody on November 19, due to suspicions that he was driving while under the influence of intoxicants, causing an accident in Los Angeles, an article from CBS Los Angeles reported.

According to reports, at around 8:00 a.m., an officer of the California Highway Patrol responded to a collision where the 25-year-old Hill struck the rear portion of a truck. Hill reportedly had noticeable signs of intoxication, authorities said. Hill was then taken into custody in and he was later discharged after posting a bail bond worth $15,000.

Facing charges related to intoxicated driving is serious, and it can happen to anyone. A DUI can have lifelong implications, especially if you cause injury to somebody. If you or someone you know is facing DUI charges in Columbia, SC, immediately call a lawyer at Truslow & Truslow to ensure you have the best possible defense.Learn more about your legal options today by calling (803) 256-6276.

University professor facing DUI charges in SC

Posted on Friday, December 16th, 2016 at 7:12 pm    

A DUI charge was recently filed against a professor at Clemson Sandhills Extension facility after he was observed driving erratically in Kershaw County, South Carolina, an article of The State reported on December 12.

According to reports, a deputy noticed the vehicle driven by 52-year-old Ronald David Lamie to be traveling erratically, nearing the median lane in Lugoff on December 8. Apprehending authorities detected a strong alcoholic odor from Lamie’s vehicle and confirmed his intoxication after he failed to pass a sobriety test. Sheriff Jim Matthews said the vehicle driven by Lamie was owned by the state. While in custody, authorities detected a 0.15 percent BAC from Lamie after a breathalyzer test. The Applied Economics and Statistics Associate Professor was later discharged from custody after authorities determined he was sober.

If you have been charged with a DUI, working with an attorney is important, especially if this offense is your first. Discuss your situation with the Truslow & Truslow attorneys in Columbia today by calling (803) 256-6276 to learn more about your options.

NFL’s Michael Floyd facing DUI charges in Arizona

Posted on Thursday, December 15th, 2016 at 9:36 pm    

At least two counts of driving a vehicle while under the influence of intoxicants (DUI) charges were recently filed against professional football player Michael Floyd in Arizona. The charges came after authorities found him sleeping inside his vehicle, an article of CBS Sports reported on December 12.

Apparently, the incident occurred shortly after the Arizona Cardinals, Floyd’s team, lost to the Miami Dolphins. At 2:48 in the morning, the 27-year-old was found by authorities slumped over the steering wheel of his vehicle with the engine still running. Scottsdale Police took Floyd into custody and handed him two DUI charges, one charge for neglecting an officer, and another charge for obstructing the road. Floyd is scheduled for a court hearing and may be suspended for two games if he is found guilty of the charges.

The defense attorneys at Truslow & Truslow in Columbia understand that facing DUI charges is frustrating because it can negatively affect your ability to earn an income. However, if you are charged with a DUI, we will tirelessly represent you to make sure you get the best outcome from your case. Call us today at (803) 256-6276 to learn more about your options.

Former Rockets player charged with DUI

Posted on Wednesday, November 23rd, 2016 at 7:48 pm    

Former star player for the Houston Rockets, Steve Francis, was apprehended on suspicion that he was operating a vehicle while under the influence of alcohol (DUI), a November 22 report for The Washington Post revealed.

The 39-year-old basketball star was driving a vehicle with excessive speed on November 19 when police stopped him. Francis was reportedly clocked doing 88 mph on a road with a 65 mph speed limit. Police indicated that they detected signs of alcohol intoxication, and that Francis declined a field sobriety test. Francis, who was also charged with a felony retaliation, is expected to face burglary-related charges in Florida after a June incident where he was suspected of seizing valuables inside a vehicle parked at a restaurant.

Facing charges related to drunken driving or burglary can be frightening, especially if you are not aware of your rights. However, if you are facing criminal or traffic charges in Columbia, contact a defense attorney at Truslow & Truslow to get to work for you. Learn more about your legal representation today by calling (803) 256-6276.

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