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South Carolina law allows for expungement, or the destruction of all criminal records related to a single offense, under certain circumstances. As South Carolina criminal defense attorneys, we regularly see records expunged, and we always encourage our clients to apply for it whenever possible.
Dismissal of case or not guilty verdict
Under the law, if a case is dismissed or if a defendant is found not guilty, all the records related to the arrest and booking are destroyed. This includes mug shots, fingerprints, and jail records.
First offense conviction in municipal or magistrate’s court
Three years after conviction of a first offense in a municipal or magistrate’s court, an offender may ask for expungement of arrest and trial records. However, if the offense involved domestic violence, motor vehicle, or fish, game, and watercraft, an expungement is not allowed. The defendant must have no other conviction during the three-year period, and expungement is allowed only once.
First-offense simple marijuana possession
If a first-time marijuana-possession offender is sentenced to a “conditional discharge,” he or she may ask for expungement after completing all court requirements. This is for simple possession offenses only, and after expungement, the offender does not have to admit or acknowledge the offense to anyone, including law enforcement or the judiciary. A good marijuana lawyer can ensure your record is expunged if you’re eligible or minimize the damage of your possession charges if you’re not.
Non-felonious check fraud
If a defendant has no other convictions in the year after a first-offense conviction of check fraud, he or she may apply for expungement. However, this does not apply to felonious check fraud, which is drawing any check or draft valued over $5,000, and only one conviction may be expunged.
Successful pre-trial intervention for first-time offenders
For first-time, non-violent offenders, South Carolina law provides for pre-trial intervention, a diversion and restoration program that may include payment of restitution or performing community service. After the pre-trial intervention has been completed, the offender may petition the court for an expungement order. This will effectively erase the offense, and the person does not have to acknowledge the offense later, even if under oath in court.
When South Carolina criminal records are expunged, no evidence remains of the offense, and often defendants cannot be charged with making a false statement if they do not acknowledge or admit the expunged offense.
To learn more about expungement of criminal records in South Carolina, click here.
Mild in the winter and cool in the summer, the Russell-Brasstown Scenic Byway in northeast Georgia is a 40-mile cruise that winds through the Chattahoochee-Oconee National Forest in the Appalachian Mountains. Magnificent views, cool waterfalls, and majestic forests make this a trip not to be missed, and you’ll cross the Appalachian Trail on your journey.
The byway begins north at Robertstown and runs along SR 17/75, then goes southwest along SR 180, southeast along SR 348, and ends at SR 75 Alternate. Along the byway, you can visit several state parks, the Tray Mountain Wilderness, Raven Cliff and Anna Ruby Falls, and Brasstown Bald. Other areas to explore include High Shoals Creek Falls Scenic Area, Smithgall Woods-Dukes Creek Conservation area, and Yonah Mountain.
With over 1200 acres, Unicoi and Vogel State Parks are two of Georgia’s most popular protected areas, with campsites and cozy cottages. Vogel also has trailer and RV sites. In these parks, you can hike, swim, play tennis, and go fishing while you take in the spectacular scenery. In the autumn, you’re treated to the changing colors in spectacular fashion.
Hiking trails abound in the Tray Mountain Wilderness, making it the perfect spot to watch wildlife. If you love waterfalls, the three Raven Cliff falls—one of which flows through a split in solid rock—will take your breath away. The Curtis and York creeks merge in dramatic fashion at Anna Ruby Falls, and you’ll enjoy picnic areas and a visitor center there.
One of the most spectacular views is on top of the 4,784-foot high Brasstown Bald, Georgia’s highest mountain peak. You can hike the trail up the mountain, or you can take the tour bus. Its large observation deck gives you a 360-degree view of the mountains and timberland year-round. You’ll see the North Georgia Mountains, the Blue Ridge Mountains, the Rich Mountains, and Lake Chatuge in the Enchanted Valley. As you descend Brasstown Bald, you’ll see Track Rock Gap with its 10,000-year-old petroglyphs.
As motorcycle lawyers who also ride, we’ve been on many of America’s byways, and the Russell-Brasstown is one of our favorites.
Click here to read more posts about great scenic routes for motorcycle trips.
It’s about that time to start planning what you’ll be doing for Halloween!
Charleston has a reputation for having more ghosts than any other city in America, and ghost stories abound. It is a favorite haunt for ghost hunters, and Charleston’s rich and bloody history seems to have created an amazing number of lost spirits. From the days before Columbus through today, many deaths have taken place in Charleston—but not all of the dead have departed the city.
In particular, Dock Street Theatre and the Battery Carriage House Inn have been the setting for many ghost sightings. The ghost of Junius Brutus Booth, John Wilkes Booth’s father, has been seen wandering around the theater, as has the apparition of an unknown prostitute called Nettie. According to legend, Nettie was struck by lightning and killed in the 1800s when the Theatre was a hotel. The Battery Carriage House Inn has a ghost that tries to get into bed with women guests and put his arm around them.
And of course, as Charleston was a major site of the Civil War, residents and tourists regularly report seeing the ghosts of Civil War soldiers. The ghosts of Blackbeard the Pirate and scores of Civil War soldiers have also been seen on Folly Island.
Charleston’s ghost tours are some of the best in the nation, and Bulldog Tours and Tour Charleston, LLC have the most impressive tours in the city. You can take a ghost tour most months of the year, and tour guides take you through back alleys, jails, churches, and cemeteries with tales of voodoo, haunting, chilling deaths, and local legends and superstitions. Bulldog Tours’ Ghost and Dungeon Walking Tour takes you to the Old Exchange and Provost Dungeon, while Tour Charleston, LLC’s Ghosts of Charleston Tour leads you through the Unitarian Church Graveyard.
Charleston’s residents love Halloween. In addition to ghost tours, you can join in on Boone Hall Fright Nights at Boone Hall Plantation, another haunted Charleston landmark. Fright Night events include Bloodstone Manor, a vampires’ lair; Fright Stalkers Corn Field, haunted land sure to scare anyone who dares enter; the Body Farm Haunted Hayride; and Psycho Clowns Side Show.
Other Halloween parties and events for all ages include:
- Halloween Howler Bar Crawl starting at Moe’s Downtown Tavern.
- Premiere of the play Dr. Jekyll & Mr. Hyde at The Footlight Players.
- Scary’um Aquarium at the South Carolina Aquarium.
- Car, Bike, and Truck Show at Hooters.
- Monster Mash at Charleston Ballet Theatre.
As Charleston DUI attorneys, of course we caution you that police will have enhanced enforcement around Halloween, so please don’t drink and drive.
What other Halloween activities can we add to this list?
Kentucky, the Bluegrass State, is a land of unparalleled beauty and history—perfect for motorcycle trips. Following are a few of the scenic routes you won’t want to miss, and keep in mind that helmets are required for riders under 21 and eye protection is mandatory.
Red River Gorge Scenic Byway
Begin in Stanton, KY, and continue along the Red River through the picturesque gorge, or get off your bike and canoe the river and enjoy the tranquility. A few minutes down the road, you’ll reach the hand-carved Nada Tunnel, which is a fascinating drive. When you reach Raven Rock, be sure to stop and see the natural stone arches of the Red River Gorge Geological Area.
This area offers several natural wonders, sights, and historic sites:
- Clifty National Wilderness Area
- Dozens of arches, including Angel Windows and Sky Bridge, the largest arch in Red River Gorge
- Gladie historic logging site
- Natural Bridge State Resort Park
- Sheltowee Trail, used by Native Americans and Daniel Boone
Kentucky Bourbon Trail
Since 1999, the Kentucky Bourbon Trail has educated visitors about the long, proud tradition of Kentucky whiskey making. When Kentucky was settled, farmers found that the mountains posed an obstacle to getting crops to market, so they converted their crops to whiskey and shipped it in oak barrels. Bourbon County was where the barrels shipped from, so the whiskey became known as Bourbon.
The Bourbon Trail includes stops and tastings at the following distilleries:
- Four Roses Distillery in Lawrenceburg http://www.fourroses.us
- Heaven Hill Distilleries in Bardstown http://www.heaven-hill.com
- Jim Beam Distillery in Clermont http://www.jimbeam.com
- Maker’s Mark Distillery in Loretto http://www.makersmark.com
- Wild Turkey Distillery in Lawrenceburg http://www.wildturkey.com
- Woodford Reserve Distillery in Versailles http://www.woodfordreserve.com
Other attractions near the Trail include The Bourbon Chase http://www.bourbonchase.com, the Oscar Getz Museum of Whiskey History http://www.whiskeymuseum.com, and the Kentucky Bourbon Festival http://www.kybourbonfestival.com.
**Of course, drink responsibly, and if you run into trouble, find a good DUI lawyer immediately.
Country Music Highway
Located in eastern Kentucky, this route commemorates country music with stops at several sites of interest:
- Paramount Theater in Ashland, home of Billy Ray Cyrus and Naomi Judd
- Kentucky Pavilion, with memorabilia from Dwight Yoakam and Ricky Skaggs
- Butcher Hollow, the childhood home of Loretta Lynn and Crystal Gayle, with tours of the actual cabin they lived in
- Mountain Arts Center, home of the Kentucky Opry and Kentucky mountain music
Which trip would you prefer, and why?
For many bikers, their favorite childhood memories revolve around their family and motorcycles or dirt bikes, and they pass this love along to their own children. If you’re new to biking and would like to get your children involved, here are a few tips.
Begin as early as possible.
Young children tend to be fearless, and the motorcycle will fascinate them. If bikes are part of their lives from a tender age, they are less likely to be afraid of them and more likely to enjoy riding them.
However, if something goes wrong, the child may become so fearful of motorcycles that he or she never rides again. If you are new to riding yourself, you may wish to wait a year or so until you’re confident in your riding ability—or ask a biker friend to help you introduce your kids to motorcycles.
Ignore the naysayers.
Well-meaning family members or friends may try to discourage you from teaching your children to ride. Remind them that this is no different from taking them fishing, skiing, hiking, or go-cart racing. As motorcycle and auto accident lawyers who handle all types of accident cases, we know that many outdoor activities can be dangerous to children without appropriate adult supervision and common sense. Biking is no more or less hazardous than other activities.
Start slowly.
If you’re ready to introduce your child to biking, you can try several things:
- Take your child to a motocross track or other dirt bike gathering to watch—preferably one where children are riding.
- Introduce your child to other kids who ride.
- Buy your child some protective gear and allow him or her to get used to it.
- Ask your child to help you wash or work on the bike.
- Sit on the bike while it’s off, put the child in front of you, and let him or her grab the handlebars and pretend to ride.
- Start the bike, safely set the child on it, and let him or her acclimate to the sound and feel.
- Take the child for a short ride across the street.
Be ready to stop at any time.
Do not push your child to go farther than he or she is willing. This is not to say that you shouldn’t encourage your child to face fears, but if he or she expresses extreme reluctance or has a fearful reaction, back off a little and try again later.
Every child reacts to bikes differently, and each has his or her own timetable for learning to ride. Be aware of your child and adjust accordingly. What tips would you offer for teaching kids to ride?
As motorcycle accident lawyers who ride, we’ve stayed in many B&Bs along the way and enjoy finding exceptional accommodations. BedandBreakfast.com inspects and reviews luxury inns and invites the best to become part of its Diamond Collection. Each of these inns undergoes an annual inspection and offers high-quality amenities to their guests, including flexible check-in, online reservations, and 24-hour service. The following inns are Diamond Collection properties in North Carolina.
1889 WhiteGate Inn & Cottage in Asheville:
The closest bed and breakfast to downtown Asheville, WhiteGate Inn offers 11 luxurious rooms named after famous poets, such as Robert Frost, Emily Dickinson, and Maya Angelou. Each elegantly decorated room holds books by its poet. For example, the Elizabeth Barrett Browning Suite features an 18-foot ceiling with stone fireplace and a wood and iron canopy bed, while the Carl Sandburg Suite has a king-size sleigh bed, separate sitting room, and European style shower.
Breakfast is three courses and consists of peaches, pears, and pineapple baked in sherry sauce, mushroom tarragon soufflé, and homemade cinnamon maple caramel pecan rolls. WhiteGate Inn’s dining room is an elegant reminder of the 17th and 18th century, with antiques and a pine settle. The parlor and living room are cozy and comfortable, with cozy fireplaces and collectibles. If you prefer plenty of brightness and light, the solarium features an antique jukebox and mountain views. Relax with onsite spa and romance packages designed to make your stay memorable.
The King’s Daughters Inn in Durham:
Located near Duke University, downtown Durham, and Brightleaf Square, the King’s Daughters Inn was formerly a dormitory for single women before its current owners renovated it into a bed and breakfast. During renovation of the inn, the owners focused on maintaining its original architecture and saving natural resources when possible. The King’s Daughters Inn is an excellent example of sustainable lodging with its state-of-the-art energy management system.
From the Howerton Room’s deep, rich colors and textures to the Tyree Room with its silks and velvets, each room has a unique layout and a different style. All rooms offer luxurious amenities such as private baths, plush robes, elegant linens, and locally manufactured, tea-olive scented toiletries. Breakfast is served at your request and at your preferred location—in bed, on the go, or in the parlor. The in-house massage therapist will come to your room if you choose, or if you’d like to see more of Durham, hop on one of the complimentary bicycles.
Known as “Wilmington’s Most Luxurious Inn,” the Graystone Inn was built in the early 1900s as The Bridgers Mansion. The most recent renovation has restored its original luxury and charm, and visitors enjoy an airy parlor and sitting room full of antiques, as well as a music room with a baby grand piano. The library features Honduran mahogany and a game table—the perfect place to enjoy a fire and a glass of wine.
Period architecture and decorations grace the rooms, which are furnished with antiques and fine linens. Most of the rooms have a fireplace, and all have private bathrooms, wireless Internet access, and cable television. The Burgwin Wright Jr. Suite is a spacious 700 square feet and has window seats, a Victorian clawed tub and shower, and two walk-in cedar closets. The Oleander Room has 18-foot ceilings, a writing desk under a beautiful window, and a walk-in shower for two with a tumbled stone and granite floor.
For more information about BedandBreakfast.com and the Diamond Collection, click here.
Which B&B would you like to visit?
In South Carolina, it is illegal to drive while under the influence of alcohol and / or drugs. The drunk driving laws are complex and the fines are expensive, so if you’re arrested for DUI, you should contact a criminal defense lawyer as soon as possible after arrest.
Blood Alcohol Content
The blood alcohol content (BAC) threshold for driving with an unlawful alcohol concentration (DUAC) is 0.08% and for DUI is 0.10%, and anyone arrested for DUAC or DUI faces the risk of losing their driving privileges in addition to paying fines and attending the Alcohol and Drug Safety Action Program (ADSAP).
Implied consent and License Suspension
By operating a motor vehicle in South Carolina, you consent to submit a sample of breath, urine, or blood to test for alcohol or drugs. You can refuse the test, but that triggers an automatic license suspension for six months. In the event you submit to the test, and it is determined that your BAC is 0.15% or higher, your driving privileges are automatically suspended for 1 month.
There is an opportunity to challenge a suspension, however, by filing for an Administrative Hearing within 30 days of the suspension date.
During the time your regular drivers license is suspended, there are a variety of alternative driving license options available depending on the individual and the circumstances surrounding the case. This is another important reason to contact a South Carolina DUI attorney immediately for representation, should you find yourself in this situation.
Videotaped observation period
South Carolina law requires the arresting officer to videotape a defendant’s conduct at both the DUI arrest and breath test sites. There are numerous requirements for these videos. For example, the incident site recording must begin no later than the activation of the officer’s blue lights and include any field sobriety tests as well as the person being advised of their Miranda rights. At the breath test site, South Carolina law mandates that the entire test procedure be recorded, including a 20-minute observation period. Of further importance, any breath sample must be taken within two hours from the time of arrest.
Although there are special exceptions that allow officers to deviate from the videotape requirements, they are limited and specific. Therefore, an officer’s failure to comply with the videotape procedures may often result in a case dismissal.
DUI penalties
A first offense can result in a fine up to $1,000.00 and imprisonment for up to 90 days. A second offense can warrant a fine up to $6,500 and up to three years in jail. A third offense penalty include a fine of up to $10,000.00 and up to five years in jail. A fourth or subsequent DUI is a felony and carries up to seven years in jail.
Repeat offenses and Interstate Driver’s License Compact
A second DUI in any 10-year period is a repeat offense. A fourth DUI conviction is a felony no matter when or where the other three convictions occurred. South Carolina reports convictions to other states through the Interstate Driver’s License Compact, an agreement among 45 states to report convictions and actions taken against drunk drivers. Every state agrees to reciprocate, meaning that the action taken in one state against a driver will be taken in any other Compact state.
As with any other criminal defense matter, contacting a DUI lawyer as soon as possible ensures your rights are protected.
If you’re considered an employee under the South Carolina Worker’s Compensation Act, you’re likely covered under workers’ compensation insurance, also known as workman’s compensation, which pays for medical care and rehabilitation after a workplace accident. Worker’s comp may also pay for disability resulting from an accident, as well as lost wages.
Problems arise when insurance companies minimize the severity of your injury or disability to pay you as little accident compensation as possible. Know your rights and responsibilities if you have a workplace accident.
Report your accident immediately.
Talk to your supervisor and follow any procedures your employer has regarding accident reporting. Do whatever you can to report it in writing, if your employer does not require it. This could be in the form of an email or letter, and be sure to keep a copy with proof of delivery.
Know where to go for treatment.
When you have a workplace accident with injury, you are usually required to visit the employer’s designated medical provider. Be sure you know who that provider is.
Consider consulting a workers’ compensation attorney as soon as possible.
Your employer’s insurance company will use any means necessary to pay as little as possible, including hiring attorneys and adjusters. You’ll be at a significant disadvantage unless you hire your own workplace accident lawyer to fight for your rights. You do have a right to request a hearing if you are not satisfied with the accident compensation you receive, and having a lawyer present will increase your chances of winning the case.
Determine whether any third parties are involved.
Your workers’ comp attorney will ask you about any third parties that may have been involved in your accident, such as contractors or equipment manufacturers. Be as detailed as possible when describing the accident to your lawyer.
Know what happens to your income if you go back to work part time or must stay home.
After you’ve been treated, your next concern is your income. If you cannot work, you may be entitled to receive wage compensation while you are off work, no matter who was at fault in your accident. Often, you will be offered less than you deserve, so be sure to check with a worker’s compensation lawyer before accepting any offer from your employer or its insurance company.
Make sure your dependents are familiar with how workers’ compensation works.
In the event you are incapacitated or killed in a workplace accident, your dependents need to know their rights so they receive fair accident compensation. Share this blog post with them so they know what to do, just in case.
If you have been involved in an accident at work, you need a workplace accident attorney who will fight for your rights. Your employer’s workers’ compensation insurance company will do everything in its power to pay you less than you deserve, so level the field with your own representation.
For more information on steps to take after experiencing a workplace accident, click here.
When you’re on a motorcycle trip, one of the most exciting treats is finding a unique bed and breakfast to stay in. Here are three not to be missed:
Image to the left taken from the East Main Guest House Bed & Breakfast Inn website.
East Main Guest House Bed & Breakfast Inn
This 1916 home is located in Rock Hill, and is a beautiful combination of antiques, art, and pine floors. It has several rooms to choose from, such as the romantic Honeymoon Suite with a fireplace, canopy bed, and whirlpool garden tub. The East Room is a lovely, dignified suite with designer window treatments, and the Garden Room’s windows let in plenty of sunlight and give you a stunning view of the gardens and pergola.
East Main Guest House offers a sitting room with a game table, television, and puzzles, and the rooms have Wi-Fi and cable television. A hot gourmet breakfast is served every morning with coffee, tea, juice, fruit, muffins, and croissants.
Travel Holiday says that The Governor’s House Inn has the most glamorous feel and most sophisticated style of all the inns in Charleston. A former governor’s mansion, this enchanting inn has the distinction of being a pre-Revolution National Landmark and boasts stunning drawing rooms and verandah porches.
Image above taken from The Governor’s House Inn website.
The Governor’s House Inn was the residence of Edward Rutledge, the youngest signer of the Declaration of Independence. It is located within walking distance of the historic Battery, the Old Market, and the Gibbs Art Museum. Its suites each have a distinctive look and personality. The Rutledge Suite boasts a large master bedroom with canopied 4-poster bed, Italian chandeliers, private porch, and marble bathroom with whirlpool.
If you desire, the staff will handle all your entertainment and dining arrangements, and a gourmet southern breakfast awaits you every morning. Should you choose, you might enjoy afternoon tea, wine and cheese, and sherry in the parlor in the evening.
If you love the outdoors and cozy cottages, the Red Horse Inn is for you. Located in Landrum, at the base of the Blue Ridge Mountains, this AAA 4-Diamond bed and breakfast is one of BedAndBreakfast.com’s “Top 25 Best Undiscovered Incredibly Romantic Inns.” The spacious Springhouse Cottage has a private deck leading to a relaxing outdoor spa, and mountain views await you from a luxurious king-size bed and tall arched windows. The Carriage Bay Cottage has a romantic loft, fireplace nook, and whirlpool tub.
The Red Horse Inn also offers romantic packages that include roses, wine or champagne, and strawberries with dipping chocolate. Your breakfast is prepared before your arrival and stored in your kitchen, ready whenever you are.
Which B&B would you like to visit, and why?
The Progressive Group of Insurance Companies has ranked South Carolina number 4 on their list of the best states to ride motorcycles, following Florida, Georgia, and Arizona. Others on the list include Texas, Hawaii, Nebraska, and Utah.
To determine their top 20 states, Progressive looked at specific data such as:
- Gasoline prices.
- Population density.
- Risk of motorcycle accident.
- Number of good riding days based on precipitation and temperature.
- Percentage of smooth roads.
According to Progressive’s product manager Dan Kamionkowski, “American riding is as diverse as American riders from the city rider to the country cruiser. Some states that you may consider obvious good places to ride were not included in the top 20 when all data were taken into account, but they’re still great options.” For example, sunny California has high gas prices and population density, so they didn’t make the top 20.
South Carolina ranked #5 in lowest likelihood of a motorcycle crash, as well as #5 for lowest gas prices. As motorcycle accident lawyers, we know that the roads and riders in South Carolina are some of the safest in the nation. Kamionkowski stated that Progressive, one of the top motorcycle insurers, published this list to help bikers maximize their time riding.
This list doesn’t surprise anyone who rides in South Carolina. Our state and national parks, historic areas, and sandy beaches are a rider’s paradise. We have scenic roads like nowhere else, such as the Savannah River Scenic Byway, which takes you to Clarks Hill Recreation Area, the Strom Thurmond Visitor Center, and Hamilton Branch and Baker Creek State Parks. All of these areas can be toured in one day as you follow the Savannah River through Sumter National Forest.
Another scenic ride takes you from the historic town of Beaufort through Hunting Island State Park to Fripp Island. You’ll see Beaufort’s historic district, incredible restaurants and shops, barrier islands, plenty of water, and spectacular pull-off areas to take amazing photographs. Beaufort is also the home of the Beaufort National Cemetery, designed by Abraham Lincoln, and Parris Island, a training post for the Marine Corps.
For more information, visit http://www.progressive.com/newsroom/2011/June/best-states-to-ride.aspx.
What is your favorite South Carolina scenic ride?
