If you read no further on this post, know that if you’re arrested, you need to retain a drug charge attorney as soon as possible; every moment you go without a lawyer is time wasted in preparing your defense.

Unlike other states, even simple possession of a small amount of marijuana carries a high fine and the possibility of jail time, and that charge can negatively affect your future. Drug charges in South Carolina can be complicated with several possible enhancements, so you’ll want to understand what you may be facing.

You can be charged with actual possession and/or constructive possession.

South Carolina has two types of possession charges. Actual possession occurs when the drugs are found in the actual physical custody of the person. Constructive possession occurs when the person charged has dominion or control over the drugs or the location where the drugs were found, such as under your car seat or in your garage.

Possession of drug paraphernalia is a separate charge.

Paraphernalia is defined by state law as “any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance…” Beware: police officers and prosecutors can be very creative with this one.

Possession with the intent to distribute drugs can involve any quantity of drugs.

Regardless of how small the quantity may be, a possession with intent to distribute charge hinges upon the state providing that the defendant knowingly possessed a controlled substance with the intent to distribute it. The intent element can be proven by circumstantial evidence such as if the drugs were packaged and how they were packaged.

Where you are at the time of arrest matters.

If you are arrested for distribution of a controlled substance and are within a ½ mile radius of a school or public playground or park, you may face an additional criminal charge. Distribution of a controlled substance within proximity of a school is a felony charge and can potentially carry a ten year prison sentence.

A gun or knife can make things worse. 

If you are in possession of a firearm or knife during the commission of, or attempt to commit, a violent crime you may face an additional criminal charge. Under South Carolina law, many common drug offenses are considered violent crimes. The penalty for this charge is potentially a 5 year mandatory sentence that a judge may order to run after the sentence for the underlying drug charge is served.

We’ve said it once, but it bears repeating: if you’re arrested on drug charges, call a South Carolina drug possession attorney immediately.

First, be sure to thoroughly study all the documentation you receive from the OMVH, so you know what’s going on and what you’ll need to do. Many people skip this and later wish they hadn’t. If you have to go through a hearing, you want to win, and understanding the documentation is the first step in that direction.

A Hearing Officer will be assigned to your case, and if you need to contact his or her assistant, that information will be in the brochure you receive. You cannot speak with the Hearing Officer directly unless the other parties to the case are present. The assistant will help you with scheduling and answer procedural questions, but no one in the OMVH can offer legal advice.

Second, decide whether you want an attorney to represent you. You can represent yourself (pro se) or retain an attorney—no one else can argue your case at the hearing. As South Carolina auto accident attorneys, of course we recommend you protect your rights by hiring legal counsel, but only you can make that decision.

Your case documentation will include deadlines you must meet. If you need to file any kind of motion or response, it must be done in writing and mailed or hand-delivered. If you use the mail, we recommend that you send it registered or certified so you have proof of receipt. Your docket number must appear on everything, and anything you send to the OMVH must go to every party in your case.

If you and the parties to your case settle the matter out of court, or you wish to withdraw your request for a hearing, notify the Hearing Officer immediately by phone or in writing. Otherwise, your hearing will proceed much like a trial, with opening and closing statements, presentation of evidence, and examination of witnesses.

If you have requested the hearing, you have the burden of proof. Be sure you have credible witnesses and documentation proving your side of the case. Anything you submit into evidence becomes the property of the OMVH. You have the right to subpoena witnesses, but you must arrange and pay for it. Always present yourself as professionally as possible, and stick to the facts of the case.

The Hearing Officer issues a written decision as soon as possible, but no guidelines govern decision timelines. If you wish to appeal a decision, you may do so within 30 days after you receive the decision, and an Administrative Law Judge will hear the appeal.

For more information, click here to download the Office of Motor Vehicle Hearings guide.

Philip Contos 55, died when his bike fishtailed and he went over the handlebars, hitting his head on the road. Medical personnel at the hospital had no doubt Contos would have survived if he had worn a helmet.

Contos was participating in the 11^th annual helmet protest ride sponsored by the Onondaga chapter of ABATE, American Bikers Aimed Toward Education. The group lobbies for freedom and awareness among bikers and the public. The Syracuse chapter president, Christinea Rathbun, told a news agency how saddened and shocked the group was at Contos’ death.

ABATE believes that each adult rider should have a choice whether to wear a helmet, but New York is one of 20 states with a mandatory helmet law applying to all ages. South Carolina’s law requires riders under age 21 to wear a helmet.

A representative of the Governors Highway Safety Association, Jim Hedlund, stated that a helmet reduces the risk of fatality in a motorcycle accident by 40%. However, ABATE of New York’s website notes that helmet laws do nothing to prevent accidents, and the decision to wear one should be up to each adult rider.

As South Carolina motorcycle accident lawyers, we represent riders who were victims of motorcycle and auto accidents, and we see both sides: victims who did and did not wear helmets.

What do you think? Should wearing a motorcycle helmet be mandated by law, and why or why not?

In a recent decision by the South Carolina Court of Appeals, State v. Herchek, the issue before the Court was whether police are required to videotape a suspected DUI defendant’s conduct for the required 20-minute pre-breath test period if the defendant refuses to take the breath test. While the opinion rendered in this case is unpublished, and therefore can not be cited or used to set precedent, it nevertheless provides important guidance on this issue.

Mr. Herchek was detained under suspicion of driving under the influence and refused to submit to a breath test. While it is required by South Carolina Statute § 56-5-2953, to record a Defendant’s conduct at the breath test site for a 20-minute observation period, the officer failed to do so, as it was not required under South Carolina Law Enforcement Division (SLED) policy. The Magistrate in Herchek’s case, therefore, dismissed the DUI charge on this ground.

The State appealed to the Circuit Court, which upheld the Magistrate’s dismissal. The State then appealed the Circuit Court’s ruling to the Court of Appeals, where the dismissal was again affirmed.

It is worth noting that as of May 2011, SLED policy had not changed in light of the Court of Appeals recent Opinion. Officers are not required to record the observation period when the driver refuses the breath test; however, many are recording the full 20 minutes, as required by South Carolina law.

One of the main focuses of the Uricchio Law Firm is criminal defense. We handle DUI cases in Charleston, Berkeley and Dorchester counties. For more information about Uricchio Law Firm and our criminal defense practice, please click here.

We would like to thank Bobby Frederick, an attorney in Myrtle Beach, for bringing this case to our attention through his excellent criminal defense blog. To read his post of this case, please click here.

What is your opinion of this South Carolina Law? We want to know.

If you drive a motorcycle, moped, or bicycle, you’ve probably experienced a situation where your bike wasn’t heavy enough to trigger a traffic signal change (when you drive up to the red light you have to wait longer than average for the light to turn green because the sensors in the ground are not triggered due to your low weight).

Well I’ve got good news! You don’t have to sit at these drastically long traffic lights forever.

See below for South Carolina law SECTION 56-5-970:

SECTION 56-5-970. Traffic-control signal legend.

(C)(5) Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if the driver or rider, as the case may be:

(a) comes to a full and complete stop at the intersection for one hundred twenty seconds; and

(b) exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and determines it is safe to proceed.

Visit SCStateHouse.gov to view more South Carolina Laws.

We did a sweep of current motorcycle news across the country and found a few states that are in the works of changing their motorcycle helmet laws. Below are three mini news stories related to motorcycle helmet laws across the country:

Connecticut: According to a recent article on NewHavenIndependent.org, “The analysis of state Department of Transportation crash data between 2001-2007 found that there were 9,214 motorcycle crashes, including 358 fatalities. The number of fatalities was more than twice as high – 235, or 65.6 percent – among those riders who were not wearing helmets as among those who were – 123, or 34.4 percent.”

Connecticut implemented a mandatory helmet law in 1989 for motorcycle riders 17 years of age and younger. Since 1989, legislation was to change these laws arose five separate times, however, the law has remained the same.

Michigan: According to an article on Northern Michigan’s 9&10 News, 2011 just might be the year when motorcycle helmet laws are dropped. “Some still feel optimistic this could be the year the law gets repealed due to the republican control in the state house, senate, and the new republican governor.”

Oregon: Currently, all motorcycle riders must wear a helmet—no matter their age. According to the Insurance Journal, Oregon legislators are attempting to pass partial motorcycle helmet laws, which would require motorcyclists under the age of 21 to wear a helmet. Click here to view the 76^th Oregon Legislative Assembly House Bill 3141.

To view all state motorcycle laws, click here.

Below are a few of our favorite resources for researching the law and staying informed about state and federal government:

South Carolina State House website: If you are ever unsure of South Carolina laws, this is a great website to find legislation pertaining to your needs. The site also offers information on the process of legislation process, as well as senate and house information.

United States Courts website: This is an excellent website to use if you’re looking for bankruptcy resources, court records, federal rulemaking, and other elements pertaining to the judicial system.

And, if you ever have to appear in court for catastrophic injuries, criminal defense, or any other suit, it’s a good idea to improve your court literacy and stay in the know.

Find Law website: This website provides a holistic approach to the law and is the perfect place to find everything from legal resources to lawyers in your area, and legal answers to legal forms.

When researching law, always remember that even though you can educate yourself and understand your rights as a citizen, it’s always important to seek out additional legal assistance when needed. For example, if you are ever in an accident, are charged with a DUI, receive unfair treatment in the workplace, or any other serious issue, hiring a lawyer to investigate and use additional resources to ensure you receive full compensation is important.

I was born and raised in Long Island, New York and graduated from the State University of New York at Stony Brook. Shortly after graduation, I relocated to the South, where I have been proud to call my home for the past 20 years. As I often say, I may be Northern by birth, but I am certainly Southern by choice!

Before entering the legal field, I worked in various aspects of office administration, property management, real estate marketing and sales, container ship cost control operations, and elementary education.

I just received my Paralegal Certificate from Trident Technical College and am so fortunate to join the Uricchio Law Firm. Everyone is so helpful and knowledgeable. I am so glad to be part of this team!

“ Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishments toward organizational objectives. It is the fuel that allows common people to attain uncommon results.” -Andrew Carnegie

South Carolina law SECTION 56-5-3660 states that “Helmets shall be worn by operators and passengers under age twenty-one; helmet design; list of approved helmets.

It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.”

According to an article in the Post & Courier, “The (National Transportation Safety Board) said there were 4,400 motorcycle deaths in the U.S. last year, more than in all aviation, rail, marine and pipeline accidents combined. Head injuries are the leading cause of death in motorcycle crashes.” (read the full Post & Courier article here).

If the National Transportation Safety Board were to enforce the mandatory helmet law, it would mean that South Carolina helmet law would change to require all motorcyclists and their passengers to wear helmets—no matter their age.

What is your opinion on federal mandated helmet laws?

**Image below taken from Stylelist.com

Image taken from http://www.stylelist.com

**Image below taken from nydailynews.com.

Image taken from nydailynews.com

The defendants have agreed to pull all the merchandise referencing the Hells Angels, including a knuckle-duster ring (retailing for $495) and a “Hells Angels Jacquard Box Dress” (retailing for $1,565). But it doesn’t stop there – the stores will also be required to recall any merchandise that has already been sold and destroy it.

It takes much more than cash to wear that logo!

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