DUI Consequences and Defenses

The act of operating a motor vehicle with impaired faculties is the definition of driving under the influence. A DUI encompasses driving under the influence of alcohol and/or other drugs or illegal substances and can even mean legal prescription drugs. You have breached your statutory and common law duty if you cannot drive as a prudent driver would operate a vehicle because you are under the influence of alcohol or drugs. The question that encompasses a DUI charge is, was your condition such that you could not drive with due regard for yourself and others? The criminal offense of a DUI can be a misdemeanor or a felony. Most commonly, you’ll find that felony charges arise where the DUI was accompanied by bodily injury or property damage. But, you may also be facing felony DUI charges if you are a repeat offender or based on your BAC level.

In South Carolina, for your first misdemeanor DUI offense, you may face 48 hours of public service employment, 30 days in jail or a $400 fine. If your blood alcohol level is .10% but less than .16%, public service employment may reach 72 hours, 30 days in jail or a $500 fine. The criminal penalties increase for your second, third, or more DUI offense. Conviction of a second or subsequent offense requires suspension and surrender of your motor vehicle registration and license plate for all of your vehicles.

Up to this point, it sounds like a lot of bad news for people facing DUI charges. But, the good news is, there are multiple defenses that your local attorney Daniel Selwa can argue in your defense so that you do not face these criminal penalties. For instance, the police may have conducted an improper breathalyzer test. Also, the police may have failed to inform you of your rights before placing you under arrest. Perhaps, the police didn’t have reasonable suspicion to pull you over, if that’s the case, then the stop is illegal and the evidence seized from the stop is not admissible.

The key is, to let Daniel Selwa investigate your case. If you aren’t a practicing attorney, it’s likely that you don’t fully understand your legal rights and the defenses that may be available for your case. Daniel Selwa is an experienced criminal attorney who is very familiar with DUI cases. Contact him today for a free consultation.

DUI Roadblocks and Checkpoints

Their vehicles are often unseen because they are in the median or to the far side of the road with their headlights off; I’m talking about local law enforcement vehicles. The summer is quickly approaching and with that, the presence of local law enforcement is increasing. Not only are police vehicles parked along the roadways but DUI checkpoints are in effect as well. Just last week there was a DUI checkpoint on highway 544 near Coastal Carolina University.

While driving sober, you are more apt to notice the presence of your local police. However, when you are driving while intoxicated, the chances that you will not notice your local police patrolling the area is great. Perhaps you are lucky enough to escape the police while driving intoxicated because you put your car on cruise control to closely monitor your speed or perhaps you happen to notice the hidden police vehicle in time to correct your erratic driving. There are those that are lucky but there are more people that are legally punished for their criminal offense of driving while intoxicated than those that are not.

Before getting behind the wheel, ask yourself, am I too intoxicated to drive? Chances are, that if you have had more than 3 drinks, you are. But note: your blood alcohol concentration, BAC, will vary depending on the amount you drink in a given time period, your physical size and the amount of alcohol contained in each beverage you drink. If you are ever unsure, the best thing to do is to call a taxi or a friend to drive you home. One of the most happening spots on the Grand Strand and more specifically is Broadway at the Beach and if you are stranded there after drinking too much, don’t fret, multiple cabs will be lined up along the outside. Another good reason not to drive are the Myrtle Beach Police who wait on Highway 501 bypass right in front of Broadway at the Beach.

The risk of injuring yourself or another while driving while intoxicated is great and the risk of being pulled over by local law enforcement is even greater. Myrtle Beach’s local police are constantly reminding the public of their presence on the roadways. Driving while intoxicated is taken seriously everywhere but particularly in Myrtle Beach because the local police are aware that this is a hot vacation spot where many people indulge in drinking.

Be aware of your consumption of alcohol and your surroundings. Along with cab drivers, police are waiting outside of Broadway at the Beach and other hot spots to catch drunk drivers. If you are put in the unfortunate situation where you are facing criminal DUI charges, contact your local attorney Daniel Selwa. DUI charges can carry heavy legal consequences and by contacting Daniel Selwa you may be able to avoid the unnecessary future consequences.

Oops. Anonymous Hacks North Korea.

Anonymous announced recently it was going after North Korea for their role in the nuclear escalation.  Wednesday April 3, 2013, it was announced that they had taken over North Korea's Twitter and Flickr accounts.

Two press releases were issued by Anonymous.  The first of which can be found here.  The second of which can be found here.  The second release goes so far as to use a famous line from the move Tropical Thunder...very amusing.

On a personal note, while these guys have been known to do some questionable acts, recently I am really getting a kick out of their direction.  Although these acts are illegal in the US and most other countries, at least this disobedience is not violent.  There is something to be said about that.

Repeat Offender: Burglary

As this WMBF news article shows, repeat offenders of even non-violent burglaries can face significant jail time: http://www.wmbfnews.com/story/21629437/burglary-charge-lands-man-decade-in-jail.

At common law, burglary is defined as the breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein. However, many states have modified the common law definition so that the breaking and entering includes businesses as well as dwellings and most states have eliminated the nighttime requirement. South Carolina in particular does not require that the crime of burglary be committed in the nighttime.

Burglary is a specific intent crime, which means you must have intended to commit a crime upon the breaking and entering of the premises. Therefore, the burden will be on the prosecution to prove you possessed the requisite mental state when you committed the crime. Specific intent crimes carry additional defenses that general intent crimes do not and one of particular importance is voluntary intoxication. Voluntary intoxication is a defense because your intoxicated state may have affected your decision and thus, it may negate the element of crime for the crime of burglary. Another defense specific to this crime involves consent, if the defense can show you had consent to enter a dwelling or business, then that can negate the element of a breaking. Other potential defenses include insanity, and entrapment.

In order to be convicted of the crime of burglary, the prosecution must prove every element of the crime beyond a reasonable doubt.  If your defense attorney can raise the slightest bit of doubt, then the jury is likely to acquit. Daniel Selwa is an experienced criminal defense attorney who can raise your best defense to avoid imprisonment. Contact Daniel Selwa today to set up a consultation regarding your case.

Spring Break - Myrtle Beach

As it always does in Myrtle Beach, the month of March starts the madness of the tourist season and the festivities scheduled throughout the Grand Strand. Many college students are on Spring Break and choose Myrtle Beach to party. Many will come here and forget that despite popular belief, law and order does exist.  This is also the time of year that police officers get overburdened with the same old activity they see every year. This often leads to burn out and fatigue, especially with youthful rebellion. It is not uncommon for a police officer to see one offending party committing a crime and just arrest everyone around to let them sort it out. While this does not happen all the time, make no mistake about the fact that it does happen. A common charge that some will catch on spring break is a simple possession of marijuana or other possession of drug charge. Sometimes one person will have it in the group and some may know, some may not, but the police officer will be hearing the same story from all. This means that obviously even the innocent go to jail. So, if you are in Myrtle Beach on Spring Break, please remember the following:

Recent changes have lead to the legalization of marijuana at the state level in Washington and Colorado, not Myrtle Beach. Some states allow the use of marijuana but only for medical reasons and one of these states is California. Contrary to the United States, many countries around the world allow the use of marijuana for any reason at all, although the amount of marijuana may be regulated. Here, in South Carolina, the use of marijuana is strictly regulated, meaning the use or possession of marijuana is not legal, no matter the purpose. Fortunately, if you are being charged with possession of marijuana, the law recognizes a difference between possessing a small amount versus possessing a large amount.  

The following penalties show the differentiation the law makes between possessing a small amount versus a large amount of marijuana. For simple possession of marijuana, (no more than 28 grams), or hashish, (no more than 10 grams), the penalty carries jail time of up to 30 days or a fine ranging between $100 and $200. A second or subsequent offense carries up to 1 year in jail and a fine of up to $1000. If you are charged with carrying more than 28 grams of marijuana or more than 10 grams of hasish the penalties can reach up to 15 years of jail and/or up to $25,000.  If you are facing a subsequent charge for possession of more than 28 grams or more than 10 grams of hasish the penalties can include jail time of up to 30 years and up to $50,000.

Simple possession is a misdemeanor offense and although the penalties may be less severe than felony marijuana charges, the misdemeanor charge will still be a part of your criminal record. A competent attorney may be able to get the misdemeanor charge dropped against you completely, which could be the difference between getting and not getting a job. Also, you may think the fines are relatively low, but the cost of the fines will likely double because of court costs.  The consequences of the lesser offense are still significant so it is in your best interests to contact an attorney immediately upon being charged with possession of marijuana. Criminal defense attorney Daniel Selwa can help you explore your options. Contact him today to discuss your case.

Synthetic Marijuana

Synthetic marijuana can be found across the Grand Strand Area, most likely at your local smoke shop. It is often marketed as herbal incense. But, what many people don't realize is that some forms of synthetic marijuana are illegal, like bath salts which is commonly referred to as "K2."Synthetic marijuana began to become heavily regulated across the United States starting around the year 2009. At least 45 of the states across the United States have banned some form of synthetic marijuana. One of the reasons for many of the states banning many forms of synthetic marijuana is the reported negative health effects. Possible side effects have included: extreme anxiety, hallucinations, paranoia, vomiting, and heart attacks. The problem the legislature is having is that the chemical make up of any drug is specified so that tests can be performed to determine if a drug is the drug it appears to be.  If you are in possession of baby powder in a small baggy, you cannot be convicted of possession of cocaine. Most often a drug test is conducted in every drug case where an attorney is involved challenging the evidence. This drug test must conclusively delineat the material being tested as drug "a" or drug "b". Synthetic marijuana's chemical make up is being altered regularly so that what is codified as illegal is no longer illegal once a test is performed.

On July 9, 2012, federal action was taken when the Federal Synthetic Drug Abuse Prevention act was enacted. Federal law now classifies compounds commonly used in synthetic marijuana as a Schedule 1 Controlled Substance which puts it in the same category with non-synthetic marijuana. This means that the penalties are just as strict for possession of, or the selling/distributing/manufacturing of synthetic marijuana as they are for non-synthetic marijuana. Penalties can carry a prison sentence of up to 5 years and a fine of up to $5,000 dollars. The act also encourages states to take the same steps. South Carolina has followed suit with their legislation at almost every level of government.

 The local news has been running many segments and news articles regarding synthetic marijuana. Just recently, some high school students at Socastee High were arrested for possession of synthetic marijuana. The details of this story can be found here:

8 Socastee High students arrested for synthetic pot incidents - WMBFNews.com, Myrtle Beach/Florence SC, Weather.

The health effects are real and the penalties are real as well, if you are facing marijuana related charges, contact your local criminal defense attorney Daniel Selwa.

Fraud Alert 1-855-455-3186

Client called me today to check on the legitimacy of a call she received.  The caller claimed that a bench warrant had been issued for her arrest for an unpaid speeding ticket.  The caller directed her to make a cash payment through a money gram or some sort of green cash payment system through Walmart.  The caller then directed her to call back and ask for Sgt. Cunningham, read him the numbers on the back of the payment bill so that he could get rid of the bench warrant immediately.  The caller also used scare tactics to try and have her pay with threats that she could be arrested at any time.

The number she was called from and directed to return the call to was 1-855-455-3186.  I called on her behalf and was connected with a voicemail instructing all callers to call from the number they were called on about the ticket.  I tried with a blocked number then I actually had my client bring me her phone and called from her phone.  We were never able to get a person on the phone after the initial call but my client was instructed to call again at a specified time later that day. [update] Sgt. Cunningham called back from number 513-442-3408 and when questioned further got frustrated and hung up.

During the conversation with my client the person on the other end of the phone had limited information about my client and could not provide specific information regarding the ticket, the officer, etc.  This call was a fraudulent call.  If you know of anyone that receives a call like this, tell them to ignore it.  First and foremost, you are never called and told a bench warrant is being issued on you.  Secondly, payment on tickets are handled at court houses/municipal buildings.  Third, most clerks (those that handle these type of cases) will have specific information about the ticket including the ticket number, the officer and other information on the ticket.  

If you feel you may be the target of a fraudulent situation, ask questions and ask more questions.  If you are not satisfied with the answers or still feel it is a fraudulent situation, contact an attorney to help you out.  You will never get in trouble for seeking the assistance of an attorney.   

This post was with the express permission of my client to alert others that may be the target of this fraudulent behavior.