Many 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.
The winter weather swept the coast recently, snow accumulations ranged from 1.5 inches to 2 inches of snow in the Grand Strand and the Pee Dee areas. I am not at all familiar with snow and I realized last night just how difficult it is to drive while it is snowing. The forecast shows the cold temperatures are to continue this week and there is a chance of snowfall as well. The conditions on the road will be wet and visibility may be impaired due to the weather as well. Along with the chilly conditions, the tourist season is quickly approaching and law enforcement is letting their presence be known along the Grand Strand and surrounding areas.
Your cautious driving may alert law enforcement and you could be pulled over. The police might mistakenly charge you with reckless driving. Most states carry reckless driving charges that prohibit a driver from operating a vehicle in a manner that shows a reckless disregard for the safety of others. The South Carolina statute specifically provides, that “any person who drives a vehicle in such a manner as to indicate a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Examples of reckless driving may include: swerving on the roadways, traveling over the posted speed limit, and crossing a double yellow line to pass another vehicle.
The offense of reckless driving requires the conscious failure to exercise due care. The burden is on the state to prove you possessed the requisite intent to be convicted of this traffic offense. Consider, where a motorist passes a school bus without stopping but he does so ignorantly or unthinkingly. The motorist does in fact drive slowly while looking out for school children. In this example, the motorist could not be charged with reckless driving. Consider, instead, a motorist who continues to drive consciously disregarding the fact that is sleepy and cannot keep his eyes open while driving. This motorist has shown a reckless disregard for the safety of others and therefore, can be guilty of reckless driving.
If you find yourself facing reckless driving charges, contact your local attorney Daniel Selwa today. You could be innocent of the charges if the police officer was mistaken or there may be another legal defense that justifies your conduct.
Remember that heart pounding feeling you experienced when you saw the blue lights rapidly approaching your vehicle? Chances are, most everyone you know has experienced this same feeling. More than 90% of people over the age of 16 are licensed to drive which means millions of traffic citations are issued each year. Traffic laws and regulations were put into effect in the early 1920s with the goal of protecting you and your loved ones on the roadways. Research has shown that most people obey traffic laws because they do not want to run the risk of receiving a traffic citation. Although most people obey traffic laws, there are always slip ups where someone loses focus and accidentally makes a left hand turn without a blinker, or even intentional acts where someone runs a red light because they think they can go unnoticed by law enforcement.
Most traffic tickets are issued for “strict liability offenses”, which means no particular criminal intent is needed to convict a person of the offense. Examples of strict liability offenses include: speeding, failure to yield, failure to use turn signals, turning into a wrong lane and driving a vehicle with burned out headlights or taillights. Most traffic tickets are also considered minor infractions and as such are handled in the lower courts. However, traffic tickets that involve injury to a person or a person’s property often do go through the criminal court system and allow the defendant to hire an attorney if she so chooses. Examples of traffic tickets that carry felony punishment include: a hit and run accident, driving under the influence of alcohol, and failure to stop a vehicle when signaled by law enforcement.
Traffic tickets can carry consequences including: license suspension, car insurance increases, fines, and even jail time. You can face license suspension where you have received multiple traffic tickets or where your offense was accompanied by bodily injury to another or involved drunk driving. Your attorney could present evidence that shows you have taken corrective measures such as taking a safe driving class or attending alcoholic anonymous meetings to address your behavior. If the judge is convinced he could opt not to suspend your license. The crime of a hit and run can carry jail time ranging from 30 days to 25 years depending on whether minor injury, serious injury or death results from the hit and run. You are entitled to put on a defense to explain your actions. Your defense could mean the difference between fines and jail time. For every traffic citation you receive, you receive points that reflect negatively on your driving record. In turn, the points could lead to higher insurance premiums. By hiring an attorney, you may be able to avoid points and higher insurance premiums.
Even careful safe drivers can make a mistake and receive a traffic ticket as a consequence. Contact attorney Daniel Selwa to assess your case and fight your traffic ticket.
This will never happen but I agree with the view…its not a loophole, its a training issue. If police officer’s do it right, there is nothing I can do for a person charged with DUI to get him or her out of it. Police officers need more training on Driving Under the Influence arrests if they intend on making more convictions.
If you have been charged with DUI or DUAC, call Daniel A. Selwa, II, immediately.
Proposal could boost Horry County’s DUI conviction rate – Top News – TheSunNews.com.
SCDMV will hold the 2012 Driver Suspension Eligibility Week for drivers with certain license suspensions March 5-9, 2012 in all offices across the state. Services will also be available in six designated offices open on Saturday, March 10th. During Driver Suspension Eligibility Week, South Carolina drivers who have lost their licenses for suspensions included in the program may be able to reduce or clear the remaining time for their suspension. To learn more about the program, click here.
Categories: Driver License, DUI, DUS, Habitual Offender, Points Suspension, SC DMV
Tags: Department of Motor Vehicles, DL, DMV, Driver's License, dui, DUS, Habitual Offender, sc, South Carolina, Suspension, Vehicle insurance