Posts Tagged With: attorney

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.

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

Stricter DUI Laws in SC?

South Carolina ranks among the top of states for DUI related accidents. The number of DUIs in Myrtle Beach is particularly high which can be attributed to the tourist industry locally.

Emma Longstreet was killed last year on New Years Day in a drunk driving accident. Her parents are fighting today to get Emma’s law passed. The law would require a sobriety ignition test, if you blow above a .02, you won’t be able to start your car. The law also would include stricter penalties for repeat offenders. For more information on the tragic death of Emma Longstreet and Emma’s law, check out: http://www.wmbfnews.com/story/21290061/emmas-law-would-install-ignition-interlock-device-in-dui-offenders-cars.

Most people I have met admit that they have driven drunk at one point in their lives. It doesn’t make you a bad person, it just means, you made a bad mistake. Fortunately, the law recognizes this and your punishment for a DUI can be mitigated with counsel. If you go up against the law by yourself, you may face the worst case scenario penalties. However, if you contact Daniel Selwa, the opposite may result. Contact Daniel Selwa today for a free consultation regarding your case.

Categories: Criminal Defense, DUI | Tags: , , , , , , , , , , , , , , , , , , , , | Leave a comment

Assault and Battery

Were you involved in a fight and subsequently charged with assault or battery? Perhaps you were fighting in self-defense or fighting in order to protect another from harm.  For example, perhaps a stranger approached you, started shouting obscenities at you and threatening to use force against you while shaking his fists. You were cornered and in your escape, you hit the stranger in order to get by him. In this example, you were acting in self-defense. On the other hand, perhaps you were walking out of a bar and saw your friend in a struggle with a stranger. The fight was quickly escalating and when you saw the stranger pull out a knife, you lunged at the stranger and made physical contact in order to pull the knife away from the stranger. In this example, you were acting in the defense of another.

Assault and battery are perhaps two of the most recognized criminal offenses and often the two are linked together. Assaults and batteries frequently take place in bars or nightclubs. But, there is a key difference between assault and battery: assault involves the apprehension of an immediate physical contact while battery involves the actual physical contact. Generally, assault is defined as the creation of an immediate apprehension in the mind of another by a wrongdoer.  Battery is generally defined as the unlawful application of force to another.

Punishment for the criminal offenses of assault and battery can carry fines and/or imprisonment. You may also have to pay damages to the other party if you are found guilty of assault or battery. The penalties for such crimes depend upon the severity of the act, the person injured, the criminal record of the offender, and whether a weapon was involved.

In a crowded nightclub, one could easily become involved in a bar fight. But the criminal offenses of assault and battery can occur anywhere. You could find yourself in a situation involving assault or battery while you are walking home from work or even where you are sitting on a park bench waiting for a ride. No matter where you are, just remember Daniel Selwa. Daniel Selwa is a local criminal defense attorney who has a lot of experience fighting assault and battery charges and successfully winning those cases.  Contact him today for a consultation.

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What to do if you are involved in an automobile accident

One week before the South Carolina Bar Exam, my friend was struck by another car driven by a drunk driver. At the time of the accident, the roads were very wet due to the steady flow of rain. She told me how the impact of the hit and the slippery roads caused her car to slide several feet. A sense of panic and fear overwhelmed her as her car slid closer and closer to oncoming traffic. The sense of relief was even greater when finally; her car came to a halt. Soon after, she pulled over and so did the other car that struck her. The woman driving the car that hit my friend stumbled out of her vehicle.  Unsteady and shaky, my friend went on to tell me that she dialed the police immediately. The woman proceeded to plead with her to let her pay and leave. Quickly, my friend became aware that there was a strong possibility the woman might flee the scene of the accident. As she was talking to the police on the phone, she had the forsight to take down her tag number and noted the make and model of her car. So what was the outcome? Long story short, she didn’t flee, the police showed up, wrote a police report, searched her vehicle and arrested her.

Based on my experience and the law, I want to give you some advice regarding what you should do if you are involved in a car accident. First and foremost, don’t leave the scene of the accident. You can face criminal punishment for leaving the scene of an accident, particularly where injury is involved. Note, however, if you are involved in a car accident and you are in a remote area, proceed cautiously. It may be best to drive to the closest police station or public area to call the police.

Next, make sure to check on all the drivers and passengers. If someone is injured or trapped in a vehicle, you want to call for medical attention immediately. If everyone is okay, call the police.  It is important to obtain a police report of the accident so that if you have to be appear in Court, you have proofof the accident. It would also be wise to exchange information from the other driver and passengers involved in the accident. But, when conversing with the driver and passengers, be sure not to say too much. You don’t want to apologize for anything, if you do, that information could be used against in a Court of law.

Pictures, pictures, pictures! If you are able, take pictures of the damage at the scene of the accident. These pictures can serve as significant proof of who was at fault in the accident and how the injured party should be compensated.

When a police report is filed, insurance companies are usually contacted immediately. If you are the at fault driver, consult an attorney before you contact your insurance company or provide statements to any other insurance company.  Likewise, if you are not the at-fault driver, it would be advisable to contact an attorney to make sure you don’t get taken advantage of.  Remember one thing, whether your interest in this information is for criminal defense purposes or for personal injury purposes: Insurance companies are in business to make money, not help people.  Money is priority number one.

If you are injured in the automobile accident, it is extremely important to keep track of your medical treatment. You should keep a diary containing notes of all your doctors’ visits and referrals. You should also keep an itemized list of all the medical expenses you have incurred.

Lastly, don’t give up. Law enforcement and insurance companies alike may give you a hard time in pursuing your case. But, remember, you do have a case, if your property or person was injured at the hands of another or if you are being charged with a criminal driving offense, Daniel Selwa will work hard to help you.

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Intoxication Manslaughter: Dallas Cowboys

There are almost 300,000 incidents of drinking and driving every day.  Every day in ImageAmerica, another 28 people die as a result of drunk driving crashes. Interestingly enough, in those fatal drunk-driving accidents, the driver often survives while accompanying passengers do not. But still, there are circumstances in which people do survive these horrific accidents but they survive with life altering injuries sustained from the accident. If the driver survives, he has to live with the guilt and pain caused by his actions of getting behind the wheel after drinking. In addition, the driver has to face the criminal law system for his actions, his actions could lead to suspension of his driver’s license, probation, community service, and worst of all, significant jail time.  The drunk driver who causes death to another will most likely face involuntary manslaughter charges and all of the above criminal law penalties could result if he is convicted

The most common charge for death resulting from a drunk driving accident is felony DUI, however sometimes jurisdictions at the behest of that jurisdiction’s prosecutor can charge involuntary manslaughter. Involuntary manslaughter is defined as the unlawful killing of another without malice aforethought. Malice aforethought means the actor did not intentionally cause harm to another but the harm resulted from his recklessness or negligence. The state of South Carolina may charge you with the equivalent of involuntary manslaughter and that is reckless homicide.  The elements of the crime are basically the same; it is defined as the driving of a vehicle in reckless disregard of the safety of others that results in the death of the victim. This is a felony and penalties could reach up to 10 years of jail time, fines of up to $5,000 as well as a revocation of one’s driver’s license for 5 years.

You might remember the Nick Hogan case; Nick Hogan was 20 years old when he was involved in a drunk driving accident that nearly killed his best friend John Graziano. He was under the influence of alcohol at the time of the accident and his best friend was riding without his seatbelt as a passenger in Nick’s car. Subsequently, Nick was charged with reckless driving involving serious bodily injury amongst other charges. After serving just under six months in jail for his crime, Nick was released early for good behavior. But, Nick must still serve out his 5 years of probation and 500 community service hours. The accident left John Graziano, a war veteran, in a semi conscious state. John Graziano will require around the clock care for the rest of his life. Perhaps equally as sad, Nick Hogan must live with the pain and guilt for the rest of his life. In an interview, following his release from prison, Nick tells Good Morning America that “some mornings it is hard for him to wake up” and “it’s hard to be positive every day when there’s something so horribly devastating.”

Today, America mourns the loss of Jerry Brown, a Dallas Cowboys practice squad linebacker. He was tragically killed on Saturday morning around 2:00am when the vehicle he was riding in hit a curb and flipped at least once. Teammate Josh Brent was driving the vehicle when the accident occurred.  Josh Brent was intoxicated at the time of the accident and this wasn’t his first run in with the law involving drunk driving. Josh Brent is being charged with intoxication manslaughter. Josh Brent recently released a statement saying, “I am devastated and filled with grief.” He further commented by saying, “I will live with this horrific and tragic loss every day for the rest of my life.”

It seems apparent that both Nick Hogan and Josh Brent did not mean to cause any harm to their friends that were injured or killed in these accidents. Both of these drivers undoubtedly could have afforded a cab ride or even a limo ride. But, both of these drivers made the unfortunate and heartbreaking mistake to get behind the wheel and drive while intoxicated. Sadly, it happens all too often, and plenty of Americans are guilty of making this mistake at one point in their lives. It’s not to say it makes you a bad person, but that decision to drive while intoxicated could change your life. If you have made the same mistake, as did Nick Hogan and Josh Brent, you need a compassionate lawyer who will understand the unfortunate result of the accident. Daniel Selwa is an experienced criminal law attorney who is not only compassionate but also well equipped to handle your DUI case involving serious bodily injury to another. Contact Daniel Selwa today for your free consultation.

Categories: Criminal Defense, DUI, Wrongful Death | Tags: , , , , , , , , | 1 Comment

Proposal could boost Horry County’s DUI conviction rate – Top News – TheSunNews.com

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.

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Myrtle Beach Car Wrecks Lawyer

MYRTLE BEACH CAR WRECK INJURY LAWYER

Conway Truck Accident Attorney

Car accidents happen every day across Myrtle Beach. But do you know what you need to do after being hurt in an myrtle beach car accident? The actions you take in the hours and days after your accident can be crucial for determining the compensation you receive for damages such as medical expenses, pain and suffering, and lost wages.

At the law firm of Daniel A. Selwa, II, Attorney At Law, L.L.C., I am committed to helping Myrtle Beach motor vehicle accident victims get the full compensation they deserve and nothing less. I am here to answer all of your questions and walk you through every aspect of the legal process, making sure you understand your rights at all times.

Have you or a loved one has been hurt in an accident? First, seek medical treatment. Then contact me for a free consultation. You can reach my office right now by calling 843-450-7566.

Fighting the Insurance Companies for the Compensation You Deserve

As you read this, the opposing insurance company is likely seeking any way possible to short you on what you deserve in order to protect its bottom line. The company does not have your best interests at heart; I do. I will fight for your rights every step of the way, pursuing a settlement or jury verdict that provides you with the financial resources you need now and in the future.

If you have been injured in a car, truck or motorcycle accident, there are many complex issues that could make or break your case; these issues make it important to contact a lawyer as soon as possible so a thorough investigation can take place.

Contact a Myrtle Beach Car Wreck Injury Attorney

You can rely on me for the personal service you deserve. I am available 24 hours a day for my clients and look forward to helping you reach a successful outcome in your case. Contact me today for a free consultation.

 

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## Myrtle Beach Lawyer

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Horry County Personal Injury Lawyer

The definition of “personal injury” is an injury that affects any part of your body. In the legal world, personal injury describes an injury caused by the negligence or carelessness of another person. In many instances, the injured person is entitled to recover compensation from the person that caused the harm. The compensation may include money for medical bills, lost wages, and pain and suffering.

An accident can occur through the fault of either an individual or a business. The other party must be found to be at fault in an action that resulted in your injury. Personal injuries can be the result of vehicular accidents, biking and pedestrian accidents or ATV and boating accidents. Injuries resulting from a dog bite, a slip and fall or an unsafe product or medicine may also allow you to file a claim for financial compensation.

We know that you and your family may feel overwhelmed as your medical bills continue to grow while you are out of work and trying to recover your health. We will help you hold the careless person or company that caused your accident responsible in a court of law. The Law Offices of Daniel A. Selwa, II has been obtaining favorable verdicts and settlements in Myrtle Beach South Carolina, since 2004. A personal injury lawyer, including the Myrtle Beach, SC attorneys of Daniel A. Selwa, II, represent clients who are the victims of any kind of accident that was the direct result of another person’s negligence. Call us today at 843-450.7566, or fill out our FREE confidential online consultation form for a review of your case.

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Myrtle Beach Real Estate Attorney

The Law Offices of Daniel A. Selwa, II maintain a wide-ranging real estate practice. We assist individuals, businesses, and real estate developers in the Myrtle Beach area and beyond with everything from transactions to complex real estate litigation.

Our work includes:

Loan Closings
•Residential and commercial transactions
•Eminent domain
•Contract disputes
•Title insurance litigation
•Construction Loans
•Refinance and Equity Loans
•Real estate development, zoning and land use
•Litigation concerning real estate flipping, fraudulent appraisals, etc.
•Foreclosure
•Mortgages
•Escrow Services
•Real Estate Syndication

For many clients, our real estate practice is their first point of contact with our firm. After dealing with our firm, clients often return for assistance in estate planning, business and commercial law, business litigation, and other matters.

Our ability to build long-term relationships with clients is due not only to our experience, but also to our responsive, attentive client service. We are responsive and attentive to clients while remaining aggressive in the pursuit of client’s interests.

Visit our website at http://www.sclawyers.net for  more information.

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Several provisions of South Carolina immigration law blocked.

Federal judge halts key parts of South Carolina immigrant law

By MEG KINNARD Associated Press

COLUMBIA — A federal judge on Thursday blocked several provisions of South Carolina’s tough new immigration law from taking effect New Year’s Day, including a requirement for law officers to check the immigration status of people they pull over if they suspect they are in the country illegally.

U.S. District Judge Richard Gergel’s ruling also blocked sections making it a state crime not to carry immigration paperwork or for illegal immigrants to transport or house themselves.

“While the Court does not doubt the good faith of the South Carolina General Assembly in attempting to address the immigration issue, the Constitution of the United States and the (Immigration and Nationality Act) have placed the policy-making role regarding immigration in the hands of the national government,” the judge wrote. “It is clear to the Court that Congress did not intend to allow the state any further role beyond arresting persons allegedly harboring or transporting unlawfully present persons.”

The federal government sued South Carolina earlier this year over, challenging the constitutionality of the law set to take effect Jan. 1.

Both the federal government and civil rights groups including the American Civil Liberties Union wanted to block the measure on checking the status of suspects pulled over by police. The questioning must follow a stop or arrest for something else, and the measure bars officers from holding someone solely on that suspicion. Opponents said it would encourage racial profiling.

During a hearing in Charleston Monday, the judge repeatedly referred to the provision as the “traffic dragnet” and he wrote in his ruling that it would ultimately ensnare far more “low priority targets” than was necessary and end up complicating federal immigration enforcement efforts.

Earlier this week, Gergel also denied the state’s request that the law proceed as scheduled and that he suspend all court hearings on the case until the U.S. Supreme Court rules on a challenge to Arizona’s similar law.

A spokesman for South Carolina Attorney General Alan Wilson said other parts of the law would go into effect Jan. 1. State prosecutors have said the nation’s high court will likely rule in six months or less.

Gergel has said blocking the whole law would have knocked out sections that are clearly lawful, like a requirement that all businesses check their new hires’ legal status through a federal online system. Businesses that knowingly violate the law could have their operating licenses revoked.

In the 42-page ruling, Gergel cast doubt on the state’s contention that the new law was intended to help federal authorities control immigration issues.

Defendants contend that Act 69 is nothing more than an effort to cooperate with the federal government in the pursuit of the common goal of immigration enforcement,” Gergel wrote. “Since the State of South Carolina has now been sued by the national government over its adoption of Act 69, it begs the question of the meaning of the word ‘cooperate.'”

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