Public Intoxication Charges

Myrtle Beach is among America’s top vacation spots. Many people vacation to Myrtle Beach to see the beach and let loose a little bit. For vacationers, it’s a place where you can let your hair down and not have to worry about people you know seeing your wild side. It’s not just vacationers that carry the laid back, free spirit attitude but the locals as well. How could you blame someone for embracing their wild side when there are just so many fun things to do in Myrtle Beach, from numerous putt putt golf courses, to the Broadway at the Beach attractions, to the nightlife, to all of the local seafood restaurants? It seems natural that you could get carried away in such a place. But, Myrtle Beach, like all other places, has laws in place to ensure you don’t get carried away or if you do, that you suffer the legal consequences of such behavior.

Official seal of City of Myrtle Beach (Photo credit: Wikipedia)

One of the things that police officers look for is public drunkenness, especially in this town. This offense is quite common in Myrtle Beach since so many of the attractions are outside like the bars and stores at Broadway at the Beach or the strip at the beach that features many hotels, stores, and bars. It is not uncommon to take a ride by either of these locations and see numerous people walking around sight seeing. Amongst the crowds, you might see some people stumbling along, and perhaps singing or talking loudly in their state of drunkenness.

What you may not know is that public drunkenness is a criminal offense. It carries a penalty of up to 30 days in jail and fines of up to $500.00. The statute does not require that the language be of a type, which tends to provoke a violent response or threaten a breach of the peace. The language only needs to be noisy, scandalous or abusive so as to disturb or annoy any other person in the area. Basically, the elements of the crime include: you appear or seem to be, intoxicated or drunk, and you are in public. The purpose of public intoxication laws is to remove an intoxicated person who is disturbing others and to prevent the intoxicated person from hurting himself or others.

Prior to reading this blog entry, you might have thought your drunkenness could only get you in trouble if you were caught driving drunk. But, chances are, if you leave a bar, appearing tipsy, talking loudly, or behaving in a lewd manner, local law enforcement will stop you on public intoxication charges. There are legal defenses that could save you from the criminal charges of public intoxication. Attorney Daniel Selwa is familiar with public intoxication defenses. Your conduct might not have met the elements of the crime of public drunkenness and attorney Daniel Selwa can help you determine that. Whether you are a vacationer or a local, contact the people’s choice, Daniel Selwa.

Facing Marijuana Charges in Myrtle Beach?

Marijuana is the most frequently used illegal drug in the United States. Recently two States legalized the use of Marijuana for recreational use, Washington and Colorado.  However, South Carolina is not on that bandwagon yet. It is estimated that over 83 million people have tried marijuana at least once. There’s a first time for everything and some of your firsts are held closely to your heart while others turn into regret. Imagine if you were caught your first time smoking marijuana. Some of you may have experienced this unfortunate result. This may be one of those firsts you wish you could forget. The good news is the law bends a little bit for first time offenses involving the use of marijuana in South Carolina if you have been a law abiding citizen up until that point.

Marijuana (Photo credit: warrantedarrest)

If you were using marijuana for personal use and had no intent to distribute it, then you are probably looking at facing simple possession charges. In Myrtle Beach, Simple Possession of Marijuana arrests are on the rise.  You may have been arrested for this crime, but it is not the end of the world.  For certain individuals there are diversionary programs and as a last resort, one should enter these programs, however there are defenses available that a trained attorney, like Daniel A. Selwa, II, can help you put forth.  Convicting a person caught with any drug requires a drug analysis of that drug to determine if in fact the drug is an illegal substance.  Officers/prosecutors must also show that you had possession of that Marijuana. Sometimes, these two elements can become problematic to the officer/prosecutor and this can ultimately lead to your exonneration. For a more indepth look at what to expect with a Marijuana charge, check out Daniel Selwa's previous blog post. 

SC LAW BLOG: Simple Possession of Marijuana - A Look at What to Expect

Some people use marijuana once, while others habitually use marijuana. Whatever the case may be, if you are arrested in Myrtle Beach, Surfside Beach, Murrels Inlet, Conway, North Myrtle Beach or any other surrounding area, you need competent representation. Daniel Selwa is an experienced criminal defense attorney and can help you with your Marijuana charge.

Understanding Police Officers

If you have come to Myrtle Beach to vacation, you have undoubtedly seen the atomsphere presented and the party attitude that follows. While I commend the police force for their service to our community, this party atomsphere can get to some of them. Most cops are human (This is a joke for you daft individuals) and being human, everybody gets fed up with their job and the troubles that go along with the performance of that job. Police officers are just like you and me. They are not perfect. They mess up, they get tired, they get fed up, they run out of patience and when these things happen, you suffer. When these things happen they also tend to forget that an arrest brands an individual for the rest of their lives. Sometimes it takes years to clear up what a police officer did because he was having a bad day. Police officers also have what is called qualified immunity, which in laymans terms means they are generally protected from being sued for their actions on the job. Why not arrest the 21 year old male who just mouthed off to them? To them it is disorderly conduct, to the 21 year old it was just free speech. Police officers always win on the front end. What one person deems as a good time, may be a criminal act in the eyes of a police officer.

Have you ever tried to remain sober around a group of drunk individuals for a number of hours? If you have, mulitply that by 100 and then you will see the world through the eyes of a police officer on a Saturday night at one of our local hot spots. When you try to see the world through the eyes of a police officer, you can begin to see where they may have overstepped their authority, not properly investigated a situation, or generally lost their ability to deal with you or anyone they run into.  If you have been charged with a crime in Myrtle Beach or the surrounding areas, call Daniel Selwa today for a free consultation.  Get informed, know your rights, and protect your future.  Call Daniel Selwa today.

DUI/DUAC in Myrtle Beach, South Carolina

Image via Wikipedia

As you may know, this is the vacation season in Myrtle Beach and surrounding areas.  Our peak season in fact.  Many people come to enjoy the beach and end up enjoying it too much.  In fact, one of the local stores prints up shirts that read "Came for vacation, left on probation."  This trivializes the severity of the out of control partying that occurs on the Grand Strand but tends to point out the fact that every year vacationers get arrested and have their vacation ruined because of a DUI or DUAC.

Everyone knows what a DUI or Driving Under the Influence charge is but few understand that there is also a fairly new law called DUAC or Driving with an Unlawful Alcohol Concentration.  DUAC's are easier to prosecute if you submit to a breathalyzer.  If your BAC or Blood Alcohol Content is greater than .08 (which is approximately one alcoholic beverage depending on your size) and you are witnessed driving, you will be charged and most likely convicted of DUAC.  The same is true for the DUI but with a DUI, the officer has to prove that you were materially and appreciably impaired while operating the vehicle.  This is different from in the DUAC in that there is more evidence that is needed by the prosecution to meet their burden of proof.  When I say more evidence, generally speaking, that is, results of the field sobriety tests, the breathalyzer, observations made by witnesses, and of course the video from the officer among other things.

The best option when having a crazy night out in Myrtle Beach is to call a cab.  You should never drive drunk.  More especially, never drive drunk in Myrtle Beach.  The Myrtle Beach area is known for making questionable DUI arrests.  The officers here in Horry County have an incentive for making DUI arrests....not convictions.  If there is the slightest inclination that you may have taken a drink, you might as well turn around and put your hands behind your back.  I said arrests, not convictions (this is an important distinction).  What does that mean?  Well it means that there is room for abuse.  It also means that even if you are not drunk, your probably going to jail.  When stopped by the police, you have the right to remain silent.  This sounds strange in theory but your battle at that point is not with the officer, its in the court room.  If the officer asks you any questions, you tell that officer "I wish to invoke my right to remain silent."  Under the Constitution, that would be the 5th Amendment - Right Against Self Incrimination.

If you are the unfortunate victim of an overzealous officer, know this, you can not talk yourself out of it. The best course of action if you have ingested any alcohol is to refuse to offer any statements or enter into any conversation, refuse to partake in any field sobriety tests (follow the pen with your eyes, walk the line, lifting any leg up to balance, saying your ABC's), and refuse to take a breathalyzer.  Finally and most obvious, if you are driving past 12:00 am on a Friday or Saturday night most likely everyone on the road with you is drunk, especially in Myrtle Beach.  Don't expect that you will just get a ticket if you get pulled past this hour.  Expect that you will go to jail.

After you have been arrested for DUI or DUAC, you need to see an attorney immediately.  You must find one that you trust, that works well for you (a good fit) and one that has experience in getting DUI and/or DUAC's in Myrtle Beach dismissed.  Call me, Daniel A. Selwa, II to represent you for any DUI and/or DUAC charge and I will provide you with experienced representation with a proven track record.

MBPD investigates weekend violent crimes - WMBFNews.com | Myrtle Beach/Florence, SC | News, Weather, Sports

Memorial Day Bike Week brings thousands of visitors to the Grand Strand but also brings an elevated crime rate to the area. Be safe, be careful and be smart.

MBPD investigates weekend violent crimes - WMBFNews.com | Myrtle Beach/Florence, SC | News, Weather, Sports