Swilley Law Firm, LLCCriminal Defense Lawyer Florence SC | Drug Charges, DUI Marion2024-02-01T03:35:29Zhttps://www.swilleylaw.com/feed/atom/WordPressOn Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467982024-02-01T03:35:29Z2024-02-01T03:35:29ZBeing over the legal limit is cause for charges
The law in South Carolina prohibits driving while impaired and also after having too much to drink, regardless of its effect on someone's driving ability. The state does not need to prove that someone had diminished ability at the wheel to convict them of a DUI offense.
Instead, it is only necessary to establish that they were over the legal limit for their blood alcohol concentration (BAC). The legal limit for someone's BAC is a per se law. It is a legal violation to be over the established limit for BAC regardless of whether being over the limit had any noticeable impact on an individual's driving abilities.
For most drivers in South Carolina, the current BAC limit is 0.08%. Anyone who has test results over that level might be at risk of criminal prosecution. There are different BAC limits that apply to other groups of drivers. Those operating commercial vehicles, including semi-trucks and buses, are subject to a BAC limit of 0.04%. A test result higher than that could lead to prosecution.
Underage drivers are subject to the strictest BAC limits enforced in South Carolina. If they have a BAC of 0.02% or higher, they could be at risk of criminal charges. However, scenarios involving allegations of a technical DUI offense based on blood alcohol levels could present numerous opportunities for defense strategies, including raising questions about the accuracy of breath test results given someone's performance at the wheel.
Understanding the basic laws governing impaired driving offenses in South Carolina may help people determine the best way to respond to a recent arrest.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467972023-11-07T14:41:01Z2023-11-07T14:41:01ZSmall verbal mistakes can lead to big consequences
One of the most common mistakes that people make after a car crash involves giving into the impulse to apologize. Many people will say that they are sorry for a matter that they are not at fault for out of politeness. Apologizing to anyone, including the other driver or the police officer responding to the crash, could end up looking like an admission of at least partial fault, which in turn might influence someone's ability to seek insurance compensation or file a lawsuit later.
Additionally, people need to understand that insurance professionals seek to protect the company ahead of policyholders and claimants. They want to adhere to state requirements for claims but will try to manipulate or trick people into saying something that can impact how much the company must pay. Many drivers who know they are not to blame for a crash sit down to talk about the collision with the police officer or an insurance adjuster.
They believe that they will simply tell their version of events and then move forward with their claim for compensation. However, admitting to minor mistakes could make it look like someone was at fault for a crash. Insurance adjusters may also ask someone questions repeatedly to get them to contradict themselves, which will make them look unreliable or possibly like a liar.
What someone says to the police can be an issue as well. Police officers are often neutral parties after collisions, but they may report everything that someone says. The other driver or the insurance company could potentially use details included in the police report or in statements made to officers as a justification for fighting someone's request for compensation.
Those involved in a crash who anticipate sizable financial losses have the right to work with an attorney to protect themselves. Ultimately, seeking legal guidance and learning more about how small details can have a big impact on someone's finances after a crash may benefit those who deserve compensation following a collision.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467432023-09-11T20:29:00Z2023-08-06T22:30:33ZHow much will a policy increase after a ticket?
Every insurance company underwriting liability policies in South Carolina does a driving record check on those applying for coverage or renewing existing policies. Any records indicating recent citations or collisions will have a direct impact on how much someone pays for their coverage.
Women tend to pay slightly more for insurance because they are more at risk of severe injury if a crash occurs, but the increase they experience after a ticket is slightly lower. When looking at the average cost of annual car insurance coverage in South Carolina in 2021, 40-year-old women saw a 17% increase in policy premiums after a speeding ticket, while male drivers the same age saw a 20% increase. That increase in costs could add up to hundreds of dollars over the next few years, possibly even more if someone has multiple prior tickets. In particularly serious cases, motorists might even lose their insurance coverage after receiving too many tickets.
There is also the risk of career consequences. Those who drive as part of their job may need to report the matter to their employer, and the company may not be willing to absorb the costs associated with higher insurance premiums.
South Carolina motorists who defend against traffic tickets can potentially eliminate the risk of incurring extra expenses that could potentially bust their budget or put their career development on hold. Defending against a traffic ticket instead of paying it will often be the right approach for those hoping to minimize long-term consequences from a traffic stop.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467372023-05-04T09:11:42Z2023-05-04T09:11:42Zfew examples are explored below.
Ditch the distractions
Don’t let yourself become distracted trying to use your phone. Even if you use it to track your distance, keep it in your pocket while you run. You’re also safest if you don’t even listen to music. The sound itself can be distracting and insulates you from the world around you.
Become more visible
It’s also important to note that many drivers strike pedestrians simply because they don’t see them. The best thing you can do to make yourself safe is to become more visible to the drivers around you. Consider wearing LED lights or headlamps, especially if you run at dawn, dusk or at night. Even when you’re running during the day, consider resources like high-visibility clothing or reflective tape.
Obey all traffic signals
You may have to break your stride in order to wait at a crosswalk. But that’s always better than jaywalking. Drivers expect you to be in certain places and obeying traffic signals helps you adhere to those expectations. This also helps to ensure that the other party can be held responsible if you are injured in a car accident.
Anticipate mistakes
Finally, you’ll want to assume that drivers are going to make mistakes. Assume that the driver waiting at the stop sign doesn’t see you or that the driver coming up to the light too quickly isn’t going to stop in time. It may even help to pretend you’re invisible. Never count on anyone else when it comes to your safety.
These tips can certainly help, but drivers are still going to make mistakes and injure pedestrians every day. Those who have been hurt can benefit from knowing how to seek compensation for medical bills, lost wages and much more.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467362023-02-13T19:59:41Z2023-01-31T18:04:04Z#1: Injuries and fatalities statistics
Motorcyclists are five times more likely to suffer an injury in a crash than a person in a vehicle. They’re also 26 times more likely to suffer a fatal injury. These statistics show the importance of watching out for motorcycles so they can make it to their destination safely.
#2: Intersections are dangerous
Intersections are especially dangerous for motorcycles. This is where around 70% of crashes involving a motorcycle and another vehicle occur. Limited line of sight and obstacles near the intersection are factors in many of these crashes.
#3: Right-of-way matters
Motorcycles have the same right of way as other vehicles. Around two-thirds of motorcycle versus other vehicle crashes are caused by the other driver violating the motorcyclist’s lawful right-of-way.
#4: Helmets save lives
Helmets can save lives in a motorcycle crash. They can also protect the motorcyclist from a catastrophic injury because they protect the head and neck. Other safety gear, such as heavy pants, riding jackets and boots can protect the rest of the body from road rash and other injuries.
#5: Grass clippings can lead to crashes
People cutting their grass and blowing it into the street create a significant hazard for motorcyclists. The grass clippings are like ice for a person on a motorcycle. The motorcyclist might lose control, which could throw them to the ground in a crash or cause them to travel into another lane and get struck.
Motorcycle crashes can lead to serious injuries that require costly medical care. Victims of crashes caused by another person’s negligence may opt to pursue a claim for compensation. You can’t wait too long to do this because of South Carolina’s laws. Work with someone who can assist you with your case so you can focus on healing while they work on getting you the compensation you deserve.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=467122022-11-04T20:12:31Z2022-11-04T20:12:31Zhazardous driving habits.
#1: Merging improperly
Improper merging, which includes aggressively preventing other drivers from merging and being too timid when trying to merge, can cause traffic jams or crashes. Merging should work like a zipper, even when drivers knew well in advance that they would need to merge.
#2: Failing to check blind spots
Blind spots are especially problematic when you’re switching lanes. Always check the blind spots before you merge so you can avoid coming into contact with another driver. All motorists should ensure they use turn signals so everyone around them knows their intentions.
#3: Ignoring traffic signs and signals
Traffic signs and signals help to keep the flow of traffic moving optimally. Never try to accelerate through a yellow light or run a stop sign. While some traffic signals have a delay set to reduce the risk of crashes from people speeding through yellow lights, it’s best never to take the chance. Additionally, always check crossing traffic to ensure nobody is speeding through right when the light turns green.
#4: Failing to account for road conditions
Road conditions have a profound impact on safety. Allow extra time and distance if it’s raining or wet. It will take drivers longer to start moving and more distance for them to stop. Cutting vehicles off in these conditions, especially cutting off semitrucks, is particularly dangerous when the roads are slick.
#5: Multitasking while driving
Even safe drivers can become victims of crashes due to these causes if another driver crashes into them. If this happens, the victim might opt to pursue a claim for compensation that seeks to recover damages related to the wreck. South Carolina law limits how long you have to file these claims, so work with someone who can get this done quickly.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=466482022-08-05T20:06:44Z2022-08-05T20:06:44Zmoderate-to-severe brain injuries, there are some significant symptoms that could disrupt a person’s life, such as:
Profound confusion
Slurred speech
A loss of coordination
Seizures and convulsions
Repeated nausea and vomiting
Weakness in the fingers and toes
Agitation and combativeness
Unusual behavior
These symptoms can change the way they live their lives, how they interact with others and how they support themselves.
After an auto accident, get medical attention
If you’re involved in an auto accident, your priority should be to seek medical attention as soon as you can. At the hospital, a medical provider can check to see if you have a brain injury or if you have other medical conditions that require immediate attention and treatment.
If you have a brain injury, you may be confused or have symptoms that make it harder to handle your situation. Amnesia, memory loss and other symptoms can also impact your ability to work on a personal injury claim. Since these are possible, you should try to write down as much as you can about what happened and be prepared to look into seeking help with your case.
Brain injuries change lives, but there is help
Brain injuries can change the way you live your life. They can also be extremely expensive. You might need surgery, have to go through rehabilitation or be frustrated by other significant symptoms that negatively impact your day-to-day life, too.
You deserve support as you make your claim
After a crash, you have a right to look into making a claim against an at-fault driver who caused your injuries. When you make a personal injury claim, you may be able to seek compensation that could cover your medical care, lost wages, rehabilitation needs, changes to your home to help you live with a new disability and more. You deserve all the support you need as you focus on healing.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=466172022-08-04T07:46:38Z2022-04-29T17:30:49Ztraffic accident is by purchasing a dash cam and installing it in your vehicle.
Dash cameras are small, easy to install and affordable. You can get them for the front and back windows of your vehicle, too, allowing you to track drivers who make errors all around your vehicle.
A dash cam can make fault clearer after a crash
The nice thing about dash cams is that they record an accident as it happens. There is no way for the camera to embellish on the story or to hide something that happened. For example, if a driver crosses the center line in front of you, they might argue that they didn’t. A dash camera will have a recording of them and determine the truth.
Dash cameras are protective. They help you prove that you’re not to blame for a crash and give insight on why the crash happened. They can also assist in showing what happened during the crash and after the collision. For instance, if your vehicle rolled, that will be on the dash cam. If the driver kept driving away, that could be captured on a camera, too.
The footage from a dash cam can be invaluable
Footage captured with a dash cam can make it much easier to prove your case when you want to make a personal injury claim. There can be no debate about the cause of an accident when it’s clear who made a traffic error based on video footage.
If the other driver flees, a dash cam may capture their license plate number. At the very least, it can identify the make and model of the vehicle. Similarly, if there are witnesses, their vehicle information may be captured as well, helping you, your attorney or officers reach out to them for more insight.
If you’re hit, a dash cam’s footage can help you make a stronger case. This is one tool that you may want to consider having installed into your vehicle.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=466162022-08-04T07:46:44Z2022-01-27T21:48:59ZCall for help
If there is damage to your vehicle or the chance of injury to anyone involved, you have an obligation to report the collision. Sometimes, a person who causes a crash will offer cash or a business card with the promise that they will pay to fix your vehicle, provided that you do not call the police.
The problem with this approach is that you will have a hard time getting compensation if there is no record of the crash or who caused it. Calling for emergency services will create a police report that will protect your rights.
Start gathering evidence right away
As soon as you gather your wits after the crash, you may want to start using your phone to gather evidence. You can take video of the scene of the crash as soon as you exit your vehicle. Doing this may allow you to capture footage of the other driver even if they try to leave the scene of the crash.
Taking photos and video footage from multiple angles that show not just the damage to the vehicles but their placement on the road can help you later if the other person tries to claim that you were the one who caused the wreck. At the very least, it is important to document the position of the vehicles before you move them to allow the flow of traffic to continue after a wreck.
When in doubt, have a doctor check you out
Sometimes, you have a broken arm or bump on your forehead that makes it clear you need to see a doctor. Other times, your injuries may be more subtle at first. Internal bleeding, brain injuries and even stable fractures may not be obvious until days after the crash.
Having a physician examine you right after the wreck will improve your prognosis for these conditions. Earlier treatment is often crucial to preventing worse symptoms. Additionally, seeing a doctor right after a crash will connect that diagnosis with the wreck, which will lead to an easier insurance claim.
Taking the right steps after a motor vehicle collision will help protect your rights.]]>On Behalf of Swilley Law Firm, LLChttps://www.swilleylaw.com/?p=466092022-08-04T07:46:54Z2021-10-29T21:47:14ZThey could lose their licenses
Each ticket that you get puts you at greater risk of the state revoking your driving privileges. Drivers will incur violation points against their license for each ticket they pay or traffic offense they plead guilty to in court. Having as few as 12 points on your license could lead to the state suspending it.
Traffic offenses in South Carolina each add two, four or six points to someone's license. Exceeding the posted speed limit by less than 10 miles per hour is a two-point offense, while reckless driving carries six points. Driving on the wrong side of the road, unlawful turns and failing to yield the right of way can all add four points to someone's license. Even dangerous parking or failing to dim lights can add two points to someone's license.
Tickets can affect what someone pays for insurance
The fine associated with a ticket isn't the only cost it causes for a driver. Having numerous recent tickets on your record will impact how much an insurance company charges to cover you. Paying a ticket is the same thing as pleading guilty to the citation, so the insurance company has justification to charge you more money. Your citations show that you are at greater risk of breaking traffic rules and possibly causing an expensive collision.
The more tickets or points on your record, the greater the increase in your insurance cost. Given that having multiple tickets could affect your finances or even your license, it makes sense that people defend against even first tickets to keep a clean record.
Learning the benefits of fighting a traffic ticket might motivate you to push back after a police officer cites you.
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