This year, law enforcement agencies from North and South Carolina set up public safety checkpoints on both sides of the state line on Friday night in the Little River area. Authorities on the South Carolina side issued 25 tickets. Three of them involved alcohol or drugs, while the others included violations for window tint, equipment, no proof of insurance and for license and/or registration. North Carolina authorities reported "a few" DWI arrests, but no further specifics are available.
Reportedly, most of the stops just involved checking driver's licenses and registration. However, North Carolina's authorities made some use of their Breath Alcohol Testing Mobile Unit, complete with a magistrate's office and fingerprinting equipment. Drug-sniffing dogs were also available on the scene. Despite all this preparation, no extreme incidents occurred throughout the event's duration.
The first Hands Across the Border event that occurred 28 years ago started as a result of state highway patrols in Florida and Georgia making a friendly wager related to the prevention of alcohol-related deaths over the end-of-summer holiday. Those who prefer not to gamble with their future may find it helpful to contact an attorney to defend them against drunk driving charges.
]]>When you are accused of drunk driving, your blood alcohol concentration percentage will be determined. In South Carolina, people who are 21 years old or older have a BAC limit of .08%. Anyone who has a BAC of that level or higher will face drunk driving charges. But, there is no firm limit to the number of drinks that will make you reach that level.
Pertinent factors
One of the most obvious things that will affect how many drinks you can have before your BAC is too high to drive is the strength of the drink. The higher the alcohol content, the fewer drinks it will take for you to become intoxicated. This means that one wine cooler isn't going to have the same impact as one shot of whisky.
You will also become more intoxicated if you drink quickly. Having more drinks in a short amount of time can mean that your BAC goes up faster than it would if you spaced those drinks out.
Individualized points that affect BAC
Typically, women will have a higher BAC than men who consume the exact same drinks. This is because women tend to weigh less than men and have more water in their bodies. Muscle mass can also impact how the body handles alcohol. People who have more fat will have a BAC comparable to a person who has more muscle mass.
Your emotional state and what you have to eat can affect how you body tolerates the alcohol. When you are stressed, your body will divert blood from the stomach and intestines. This can keep your BAC down, but when your body begins to relax, the BAC will spike. Having food in your stomach can reduce the speed of absorption of alcohol in your stomach.
No matter what you are drinking or how much, don't rely on how you feel as a determining factor for whether you drive or not. It is always best to find another way home. If you do drive home and face a drunk driving charge, you should work on your defense quickly.
]]>WBTW.com provided details on a new law that took effect earlier this year that offers help to some people by allowing their records to be completely expunged. This means the record of a particular conviction would not appear on any pre-employment background check. Some of the people helped by this had records from their juvenile years and others could have first offenses removed. If a person with a felony drug conviction had no subsequent felony offenses for two decades, they may also be able to seek an expungement.
More recently, The Post and Courier reported on how the strong job market in South Carolina might provide new opportunities for people who have criminal records that are not able to be expunged.
In general, the state is experiencing a low level of unemployment which is seeing many employers be more willing to consider and to hire people with criminal backgrounds. This is being seen especially in the hospitality industry but also in truck driving, construction, maintenance, welding and other sectors.
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According to FindLaw, one or more misdemeanor charges usually means a trial before a jury. However, it may not be a full twelve-juror contingent that hears your case. The jury on a misdemeanor case may include as few as six individuals. Also, those six jurors may be able to convict you even if their vote is not unanimous.
The type of charges you face may affect the court that your case goes to. Certain courts only have jurisdiction over certain classifications of cases. For example, the case of an individual accused of a felony would not go to a court that only has jurisdiction over misdemeanors, and vice versa.
With misdemeanor charges, it is not always necessary for you to appear in court personally. You may have the option to waive your right to be present and send an attorney or another representative in your stead. This is different from felony charges, which usually require the individual to be present in the courtroom for the trial.
The question of whether you can have an attorney appointed to represent you depends on whether or not the consequences for a misdemeanor conviction include potential incarceration. If so, the court must appoint an attorney to you if you cannot afford to hire your own. Even if you do serve time, however, a misdemeanor conviction usually does not include the same disqualifications, such as the right to vote or hold public office, that a felony conviction would.
The information in this article is not intended as legal advice but provided for educational purposes only.
]]>According to GunsToCarry.com, the state of South Carolina does not allow you to openly carry a gun in public. You may, however, have a gun in your possession in some places. It is important that you be aware of and watch for signs that indicate weapons are not allowed. It is legal for individual businesses to bar people from entry if they have a gun with them at the time. If you wish to go to a restaurant and have a gun with you, it is illegal for you to drink an alcoholic beverage while there.
When it comes to transporting a gun in your car, if you do not have a permit, you must ensure the gun is in a console that is closed, in a closed glove box or in the trunk or other designated storage area of the vehicle.
If you would like to learn more about the laws governing carrying guns and what you are allowed and not allowed to do where, please feel free to visit the gun carry regulations page of our South Carolina criminal defense website.
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Per the South Carolina Legislature, “shoplifting” is defined as:
One is considered to be guilty of shoplifting whether they perform the aforementioned actions themselves of assist another in doing so.
The perceived punishments for shoplifting come from the notion that most items that are shoplifted are not typically valuable. While it is true that one will face a misdemeanor if the cumulative value of the merchandise one is accused of stealing is less than $2,000, one could face a felony charge if the value is greater than that amount.
]]>Determining how to handle this situation can be perplexing. For many college students, dropping a class or working less aren't options. Even if they make a plan for balancing their social and extracurricular activities, there still may not be enough time to get the amount of studying done that is needed. Because of this, some will turn to unconventional methods to try to stay awake. One of these is "study drugs," but this isn't a smart option.
What are study drugs?
Prescription medications that are typically used to treat attention deficit hyperactivity disorder are referred to as study drugs when they are used for the sole purpose of helping a person stay up and focus. These medications have a valid purpose for people who have ADHD since they need them to be able to function properly, but they are a stimulant for people who don't have ADHD.
What are the alternatives to study drugs?
It is important to realize that study drugs can make you more alert when you take them, but they likely aren't going to have a positive impact on your ability to retain information. You might feel a placebo effect, but it is nothing more. Instead of trying to rely on this, you can try eating a healthy diet, make sure that you drink plenty of water and get enough sleep. It might mean that you have to cut back on extracurricular activities and social activities temporarily.
Why should students avoid study drugs?
The health concerns that can come with the misuse of these drugs is the primary reason to avoid taking them. For some people, these medications can cause stomach issues, psychosis, heart attack, increased blood pressure, stroke, seizures and increased heart rate. For others, it can also lead to aggression or restlessness.
Another reason to avoid the drugs is that buying, possessing and using prescription drugs that aren't yours can lead to criminal charges. You can't legally have another person's prescriptions in this type of manner. As you probably know, drug charges can have a negative impact on your ability to receive certain financial aid for your schooling.
If you do face criminal charges because of study drugs, you need to ensure that you are working on your defense. Learn your options and work toward the one that you feel is in your best interests.
]]>Per Section 56-5-2945 of South Carolina's Code of Laws, a DUI offense becomes a felony if in the course of driving under the influence you are involved in an accident that causes the great bodily injury or death of another. For the purposes of this law, "great bodily injury" includes any injuries that:
The potential penalties that you might face for a felony DUI include fines between $5,100-$10,100 and a prison term of between 30 days to fifteen years if your accident cause great bodily injury to another. If your driving under the influence allegedly results in another's death, those penalties increase to up to $25,100 in fines and 25 years in prison.
As is the case with misdemeanor DUI charges, the validity of the test supposedly confirming that you were driving drunk are the key element in your case. Whether or not you were even to blame for your accident should also be considered.
]]>Some reform of criminal laws has been happening and that has included changes to mandatory sentencing laws. Guidelines may be put into effect in lieu of strict requirements for certain crimes. However, the mandatory sentencing laws remain in place relative to a host of offenses. One man who has gained a high level of notoriety over the past few decades was recently sentenced to spend the rest of his life in prison based on these laws, at least in part.
The New York Times has reported that a drug cartel leader from Mexico was convicted in February of 2019 on 10 different criminal counts. The offenses included murder, money laundering and drug crimes. The required time in prison for all of the offenses that he was convicted of was a life sentence and an additional 30 years. That is exactly what he received.
The defendant indicated at his sentencing hearing that he believed he was denied a fair trial. It is possible that his convictions and sentence may be challenged in a subsequent appeal but that is not known at this time.
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The legal and judicial system does offer some people the opportunity to have their criminal convictions essentially erased. This is often referred to as receiving an expungement of one's record. People who are convicted of offenses including cocaine or other drugs may often be able to have these events removed from their records. A person who has been arrested for and convicted of public drunkenness, however, has not had that same opportunity.
According to a report by The State, a new bill was voted into law by the state legislature that rectifies this disparity. Now, anyone who has been charged with disorderly conduct may have the ability to participate in a conditional discharge program. They will initially enter a guilty plea but the conviction is held for a period of time. During that holding time, the defendant must complete certain actions and adhere to specific requirements.
At the end of the stated period, if the court deems the person to have successfully completed the program, the guilty verdict and related conviction are not entered and the person has a clean record.
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