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Felony DUI "Great Bodily Injury" License Suspension Issue (South Carolina)
I was convicted of Felony DUI (Great Bodily Injury) on Sept. 17, 2009. I was sentenced to 30 days house arrest and 5 years of Probation suspended on 15 years imprisonment. My probation end date is Sept. 17, 2014 and have no issues regarding probation. My main concern is my Drivers License. Per South Carolina statute a persons Drivers License can only be suspended for the time of imprisonment plus 3 years. Also in this statue it says ; " This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision." I've been to the DMV and they have told me my license is suspended until 2027 and only a court order can change that. How is this possible and what are my options pursuant to South Carolina Law?
It seems as if the DMV considers the suspended sentence as controlling on them. I think you should get a local...
If a passenger in a parked car receives an open container ticket in SC does this go on their driving record or insurance ?
The driver did not receive a ticket but the passenger was issued a ticket for an open container with a court date, will this go on their driver's record, license, or insurance ?
The answer is that it depends. The statute makes no distinction between drivers and passengers. It does, however,...
Should I fight my DUI case?
I was recently arrested for a DUI after being pulled over into my driveway. I admitted to the officer that I had two glasses of white wine (Pinot Grigio) that evening, but I refused to take a breathalyzer test. The police also suggested that they smelt drugs, but I do not consume drugs. I allowed them to search my vehicle and nothing was found, of course. The officer did not maranda me but did proceed to throw me onto the concrete and shove my face into the ground as he handcuffed me, I was still not read my rights. I am being charged with DUI and resisting arrest, but I'm not understanding how any of this will hold up in court, should I fight it?
You should absolutely fight it. No question about it.
Under the FOIA, does the tape of someone who followed me from a restaurant and falsely reported me drunk have to be given to me?
I was stopped and found not drunk or even questionably drunk. A stranger followed me, I am a 62 year old female and frightened. Do I not have the right to know her name? I feel slandered and scared of this unknown woman that chose to do this.
FOIA allows access to records maintained by the government. The restaurant does fall into that category, but the if...
DUI dismissed. Do I still have to do ADSAP for failure to submit to breathalyzer?
I was arrested in May of 2012. My case was dismissed by the Magistrate court because the officer was wrong in all aspects of the case and didn't want to press charges. I received a letter stating that I was able to have the DUI case expunged as well as any related charges, at no cost to me. Does that mean that I can have the refusal to blow dismissed or expunged also and avoid ADSAP?
You have 30 days to contest that refusal suspension. That suspension is separate from the criminal case in the...
Boyfriend got charged with DUI, he refused to take a breathalyzer, how can you help?
My boyfriend got pulled over for a DUI saturday night. The thing is the officer gave him a warning ticket for swerving in lanes, the only reason why he swerved was because we got food and it spilled and he was trying to clean it up He only had a beer, or two. He passed all the exams, and he refused to take a breathalyzer. The cops arrested him, and suspended his license. Why did the officer givr him a warning ticket for swerving in lanes and then arrest him? Is there anyway we can get out of this? He refused to take a breathalyzer, therefor technically they dont have proof that he was drunk? (The reason why he refused to take a breathalyzer was because there was a St. Pattys celebration in SC and he had drank earlier, but he didnt know how much wouldve still been in his system)
Refusing to take the breathalyzer test was a serious mistake. If you get pulled over on suspicion of a DUI and...
How do you get a Dr.to sign a form saying you are alright to drive if you had a DUI and take pain meds?
In 2006 I got a DUI and lost my licence.I paid my fine,took the required class for 8 weeks,paid for it and was then told since I take pain meds.that my Dr. would have to sign a form saying I'm good to drive.Ofcourse my Dr. won't sign because he's scared he'll get in trouble if get in a wreck.It's been almost 10 years w/out being able to drive ,which is very hard on my family.I don't drink or do any illegal drugs,but have had 2 back surgeries,2 knee surgeries and I have chronic pain.How do I get my licence back?I follow the rules and don't do anything illegal,but I'm still being punished for a mistake that I have already paid for.
I'm not sure who is telling you this (maybe the DMV) but I can put you in contact with some very good local attorneys...
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