Civil Litigation

Driving while Intexicated

ImageMany people today use text messaging over phone calls to communicate with one another. While texting can save you from small talk, awkward pauses in conversation and has the capability of getting straight to the point, texting can also cost you your life or the life of another. According to textinganddrivingsafety.com, in 2011, at least 23% of auto collisions involved cell phones. It is estimated that texting while driving makes an accident 23 more times likely! Due to the rising number of accidents resulting in part from texting and driving, many states have made it illegal to text and drive. Washington was the first state to pass a law banning texting and driving. Today, the majority of states have laws banning texting and driving.

Much of the media has put out the message that a text can wait and I can totally agree with that. Texting and driving is most common amongst young adults. Just recently, Socastee High School students took a pledge not to text and drive. You hear the stories and you may even witness an accident that resulted from texting and driving but can you imagine your child being the cause of the accident or the victim of the accident?

Texting is not the only distraction that a phone brings, many people surf the web while they are driving or post to their social media sites. The bottom line is, every driver owes a duty of care to act as a prudent careful driver. The law states you must use reasonable care in operating a motor vehicle. If you or your loved one was injured due to the carelessness of another driver, then contact Daniel Selwa today. Act quickly by contacting your local attorney so that the careless driver does not make the same mistake of texting and driving twice.

Categories: Civil Litigation, Driver License, Personal Injury | Tags: , , , , | Leave a comment

Traffic Citations in Myrtle Beach

Make no mistake about it; police presence is still rampant along the Grand Strand area. The media along with police forces made their presence known during the recent bike week events. But, police vehicles can still be found every single day patrolling Myrtle Beach and the surrounding areas.

Most traffic citations are infraction level offenses, which means they are less severe than misdemeanor or felony crimes. Traffic citations include: speeding, failing to use a blinker, following too closely, and driving without a valid license among others. But even though the penalties are often not as great, many people become distressed by receiving one of these traffic citations because it can affect their car insurance rates as well as their driving privileges.

Typically, a traffic citation requires that you pay a fine. But, some traffic citations can carry more severe penalties. For example, if you receive a traffic citation for driving on a suspended license, you can lose your license on a permanent basis. If your traffic citation involves injury to person or property, the penalties can become more severe as well.

Upon receiving your traffic citation, the officer will inform you about the specifics of the citation itself. You will be given the amount of the fee to be paid as well as a court date. You can choose to either send in a payment to the address indicated on the citation or you can choose to go to traffic court. If you choose to appear in traffic court, the judge will ask you whether you plead guilty or not guilty to the charges. An experienced attorney can help you determine whether it is worth fighting the charges given your particular circumstances. Often times, by just appearing before the judge, he will reduce the fine. However, it is harder to get the points reduced or removed completely from your record without an attorney.

Surely, the best advice Daniel Selwa can give you to avoid traffic citations is to drive safely and follow all traffic laws. But, sometimes it happens, after a long day at work or when you’re in a rush to make it to work, so the next best advice Daniel Selwa can give you is to consult an attorney regarding your traffic offense. Attorney Daniel Selwa has been to traffic court many times on behalf of his clients. He knows how to fight your traffic offense charges and will do everything in his power to help you with your traffic ticket.

Categories: Attorneys, Civil Litigation, Constitutional Rights, Personal Injury, Uncategorized | Tags: , , , , , , , , , , , , | Leave a comment

Be careful what you write! How a Facebook Post could lead to Charges against you.

Recently, an Oregon teen by the name of Jacob Cox-Brown posted an incriminating statement on Facebook. His Facebook post read: “Drivin drunk…classic 😉 but to whoever’s vehicle I hit I am sorry :P.” There is an important lesson to be learned here, and that is, to think twice before you write something down, whether it be on paper or on the internet via a social media website like Facebook.

This young man is facing two counts of failing to perform the duties of a driver due to his comments on Facebook. He might have escaped punishment had he not admitted to his actions online. Perhaps instead, he said nothing at all. Imagine, he had just told someone he was involved in a hit and run instead of writing his confession down. It is much harder to prove that someone is guilty of a crime based on what they said to another person. The case would have been much harder to follow up on based upon the statement of another person. But, in this case, the Facebook post gave the police a legitimate lead because it came directly from the teen himself and it wasn’t long before they discovered the damage on the suspect’s car matched the damage to the victim’s car. Although there may still be evidence against him without his confession on Facebook, there would be less, which could mean the difference between a guilty and not guilty verdict.

The details about the case against Jacob Cox-Brown can be found here: http://www.huffingtonpost.com/2013/01/04/jacob-cox-brown-facebook-post-drunk-driving_n_2410163.html?icid=maing-grid7%7Cmaing6%7Cdl1%7Csec1_lnk1%26pLid%3D253245

Likewise, many are communicating via web services such as Facebook and Twitter; more so than they are communicating in person. This has made it so much easier to have an action filed against you for something you said that was defamatory about another person. If you watch court TV shows at all, like Judge Mathis or Judge Judy, you have probably heard a defamation action. In order to be successful in a defamation suit, one must show that the communication is a defamatory statement which is typically an untrue, derogatory statement and essentially damaged to your reputation  In most defamation case, you must prove actual damage. This tort cause of action is a heavily litigated cause of action in the civil litigation arena. Now, much of this is due to popular social media sites like Facebook and Twitter.

So, as you can see, your written comments whether it is regarding a crime you were involved in or whether it is about someone you don’t like, can be used against you in a court of law. If you are facing a criminal or civil lawsuit due to your comments that were posted on Facebook or Twitter, you will want to contact an attorney immediately to discuss your defenses. Contact Myrtle Beach attorney Daniel Selwa today.

Categories: Civil Litigation, Criminal Defense, Defamation | Tags: , , , | Leave a comment

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