WHAT DOES THIS ALL MEAN? Most people I know have been the recipients of traffic tickets of some kind. Most people are confused by much of the information on the ticket. In DUI cases, tickets provide detailed lawyers with very important information. Below I will try to outline what I find important on these tickets. …
MEMORIAL DAY Memorial day is a Federal Holiday where those men and women who have died while serving our Country are honored. It originated following the end of the American Civil War to honor both Union and Confederate soldiers and sailors killed in combat. Memorial day is a very special day for me personally as …
NEW CASE RESTATES REQUIREMENTS OF DUI IN-CAR VIDEOS As I have posted before, in DUI arrests, standard field sobriety tests are required to be captured on video by the arresting officer. (Copy/paste this link for the post http://www.vannoylawoffice.com/dui-videotape-law) Last month, the South Carolina Court of Appeals published a decision in a case (State v. Cody …
CONSEQUENCES OF A BAR FIGHT IN SOUTH CAROLINA Most people do not understand the realities of what can truly happen after a bar fight ends. For example, what if while defending yourself, you knock the agressor unconscious, his head hits the floor, and he dies? Well obviously you did not intend to kill the man. …
DUI VIDEOTAPE LAW Our DUI laws have changed repeatedly since the 1970's. Our law requires a suspect's conduct to be video recorded at the roadside and in the breath test room. In South Carolina, police crusiers should be equiped with cameras. On most occassions, the camera is activated at the initiation of the officer's blue …
SHOULD I GIVE A BREATH SAMPLE? Under South Carolina law, a jury gets to hear the following at the trial of a DUI case under S.C. Code Ann. Sec. 56-5-2950. The alcohol concentration at the time of the test, as shown by the Datamaster result gives rise to the following at trial: (1) if the …
THE BILL OF RIGHTS It is hard to believe that several of our Founding Fathers did not vote to ratify the Constitution, Patrick Henry included. Why the opposition? Too much power in the Federal Government. You can thank Mr. Henry for the Bill of Rights, which are the first ten amendments to the Constitution. He …
Recently the South Carolina House Judiciary Committee approved a bill that would amend South Carolina's DUI laws. If made law, it would require an ignition interlock system in first offense DUI convictions, whether one provides a sample or refuses the test. You can read more about what recently passed here: http://www.wltx.com/story/news/local/2014/03/25/dui-emma-law-sc-house/6888939/ If you have questions …
DUI & ALCOHOL ABSORPTION Hopfeully the following will answer some of these common questions. How many drinks will get me over the limit? One serving of alcohol is fully absorbed into the blood stream within 30 minutes to 2 hours after intake. This is because the body can metabolize about 0.25 ounces of alcohol per …
PRELIMINARY HEARINGS IN SOUTH CAROLINA If one is arrested for a "general sessions" offense in South Carolina, certain Federal and State constitutional rights follow the Defendant. Among these are rights to the effective assistance of counsel, the presumption of innocence, and a right to a fair and impartial trial by a jury of one's peers. …