As winter turns to spring and summer approaches, more and more pedestrians and bicyclists will be on the roads of Greenville. That means an increase in bicycle accidents which often result in serious injuries and are statistically more fatal than accidents involving only vehicles. And, for obvious reasons, it is the cyclist that is the […]
Greenville Asset Forfeitures: Yes, Law Enforcement Can Seize Your Money And Keep It
Asset forfeitures have been in the news lately. The Post & Courier recently wrote a story about the Richland County Sheriff’s Office seizing $7,500 cash from an Army veteran living in Columbia. See article here. Law enforcement pulled over his car on the grounds that the car was similar to one that had been described […]
Greenville SC Auto Accident Lawyers Can Help If You Are Injured in a St. Patrick’s Day Car Wreck
Under normal circumstances, driving on the roads and highway of upstate South Carolina can be dangerous. Road construction, traffic congestion, weather conditions, mechanical failures and other causes can lead to wrecks and collisions. But when drivers drink and drive or drive while under the influence of drugs, the dangers increase by magnitudes. Certain holidays — […]
Greenville SC DUI Defense: What NOT To Do When Pulled Over For DUI
We here at The Law Office of H. Chase Harbin want to emphasize to all Greenville, SC and Greenville County drivers that driving under the influence of alcohol or drugs is a crime. So, do not drink and drive. And remember that prescription and over the counter drugs can cause impairment just as easily as […]
Greenville Criminal Defense: What Is Motion to Suppress?
In general, the South Carolina Constitution and the Fourth Amendment of the US Constitution requires that law enforcement obtain a warrant from a judge in order to conduct a search. If there’s a question about the validity of the warrant or if evidence is seized in the absence of a warrant, then the seized evidence […]
Greenville Gun Seizures: What Is a Search Incident to a Lawful Arrest?
The South Carolina Constitution protects the citizens of Greenville and South Carolina in general from unreasonable searches and seizures and unreasonable invasions of privacy by the government. See S.C. Const. Art. I, § 10. Similar protections are found in the the Fourth Amendment of the US Constitution. The practical effect of these constitutional provisions is […]
Can Police Obtain Your Cell Phone Location Information Without A Warrant?
Many people may not know this, but your cell phone can be used as a tracking device allowing law enforcement to trace your historical location over days, weeks and even months. From a criminal law standpoint, the question arises whether or not the police can obtain information about where you have been without obtaining a […]
Greenville DUI Law: What Is a Breath Alcohol Ignition Interlock Device?
In Greenville, South Carolina, it is a crime to drive if you have been drinking and your blood alcohol content is 0.08 percent or higher. In 2014, the Legislature enacted “Emma’s Law” which was signed by the Governor. Among many changes, the new law expanded the use of mandatory breath alcohol ignition interlock devices (“BAIID”). […]
Public Intoxication Laws In Greenville SC
Greenville, South Carolina implements semi-lenient laws when it comes to the issue of public intoxication. Section 16-17-530 of state law reads that “gross intoxication” in public is strictly prohibited. Gross intoxication can be classified as an individual under the influence of alcohol visibly causing a disturbance or recognizable suppression of their cognitive abilities. Violation of […]
Open Container Laws in Greenville SC
Open container laws in Greenville South Carolina are quite clear and straightforward. Section 61-4-110 of South Carolina state law prohibits a person operating a motor vehicle from having an open container in their motor vehicle. Violation of this statute is considered a misdemeanor which carries penalties of up to 30 days in jail and fines […]
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