Greenville Personal Injury Attorneys at The Druanne White Law Firm
March 28th, 2012
After a serious auto accident, it can be difficult to balance the insurance claims, doctors’ visits and legal battles all on your own. That is why it is necessary to obtain the legal expertise of an experienced auto injury attorney, so you will have help navigating the intimidating legal maze.
But how do you find just the right auto injury attorney for you? There are a few important essentials to consider during your research that will help you construct a smaller list. Make sure to find an auto injury attorney near you, whether that is Anderson or Charleston; you want to consult them whenever you need. Look for lawyers who specialize in cases like yours and have the experience and credentials to adequately represent your injuries. With these foundations you can now move on to the consultation process.
The most important step in the auto injury selection process is the initial consultation with each of your possible auto injury attorneys. From this interview, you will learn more about each of the different practices and lawyers who can help you and ultimately make your final decision. During your consultation, be to sure to ask questions like the following, to figure out whether the lawyer is right for your needs:
- What is your success rate at trial?
- What do you think is the possibility of success with my case?
- Will you be representing me for my property damage claim, as well as my bodily injury claim?
- How many cases do you handle at any given time? Will you be able to devote personal attention to my case?
- Can I see past client testimonials or talk to previous clients?
If you have been injured in an auto accident in upstate South Carolina and would like the legal expertise of an auto injury attorney to help you pursue an auto accident claim, please contact the Druanne White Law Firm in Anderson, South Carolina to schedule your first appointment.
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March 20th, 2012
In criminal law, fraud is defined as an intentional deception made for personal gain or to damage another individual. It is both a crime and a civil law violation, and those who commit fraud should be held accountable for their actions. The most commonly affected industries are banking, manufacturing and government, but if you or a loved one has been the victim of fraud, a fraud attorney can represent you as an individual.
Fraud can take place over the phone, through the mail and on the Internet. With the proliferation of the web, it is becoming easier for fraudsters to hide their location and trick the average person to visit dishonest sites. Some of the most common fraudulent acts today include:
- Consumer fraud – false advertising and untrue statements, failure to maintain adequate supply of a product or service, misleading or non-existent product guarantees, repair services, etc., misrepresentation of a product or service
- Financial fraud – fraudulent e-mails, key loggers and Trojans, ATM type fraud, identity theft, phishing
- Securities fraud – insider trading, front running, outright theft from investors, misstatements on the company’s financial reports, social security fraud
- Insurance fraud – rate evasion, arson to obtain property insurance, health care providers billing for uncovered treatments, misreporting damages or wage losses after a car accident
- Internet fraud – purchase frauds (paying online with a stolen or fake credit card), PayPal schemes, online auction and retail schemes, money transfer fraud
Fraudsters utilize a number of tricks to take your money for their gain, but that doesn’t mean you have to stand for it. A fraud attorney will help you construct your case to bring the fraudster to justice so you can get your money back and save others from future scams.
To learn more about fraud and how an experienced fraud attorney can help you, please contact the Druanne White Law Firm in Anderson, South Carolina today. We proudly represent clients from Greenville, Anderson and Spartanburg, South Carolina, as well as the surrounding counties in upstate South Carolina.
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March 14th, 2012
The parameters of probation are very strict and the punishment for violating probation is steep. If you are on misdemeanor or felony probation and believe that your probation office is going to accuse you of a probation violation, it is important to contact a probation attorney right away. In violation of probation cases, the judge is allowed to give you the maximum sentence under the original charge, no matter how minor the probation violation was, so you will want the legal expertise of an qualified probation attorney.
A probation attorney can help you both before and after the start of your probation. Your probation attorney can help you in a variety of ways, including:
- Early termination of probation or community control
- Before you are arrested for violation of probation, a probation attorney can set a hearing to avoid you being taken into custody – a bond may be set or the attorney can resolve the violation of probation allegation
- Contact your probation officer on your behalf to request more time to come into compliance with the terms of your probation
- Arrange for you to surrender yourself to the jail and then represent you at your first appearance hearing, which can take place within a few hours after you’ve come into the jail
If you have violated your probation in upstate Greenville, Anderson or Spartanburg, South Carolina, or any of the surrounding counties, please contact the Druanne White Law Firm. Call or email us today to schedule your first consultation to have your probation violation questions answered.
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March 8th, 2012
By holding a South Carolina driver’s license, you automatically consent to future blood, breath, or urine alcohol tests, defined as implied consent. However, you may also refuse to take a breathalyzer test in the state of South Carolina. While the refusal itself is often admissible as evidence, the lack of results leaves a gaping hole in the prosecution’s case, making it more difficult to file charges under harsher statutes.
Consequences of Refusing the Breathalyzer
Your DUI lawyer may advise that you refuse to take a breathalyzer, especially if you are a repeat offender. Upon refusal, the arresting officer will inform you that by resisting implied consent, these consequences will follow:
- 90 day driver’s license suspension – conviction of a DUI can result in a six month suspension
- Refusal can be used against you in court as evidence of intoxication
- You lose any chance to show the court later that your blood alcohol content (BAC) would have been within the South Carolina 0.08 limit
Challenging a Breathalyzer Test
After State v. Murphy in 2007, South Carolina’s DUI law requires the arresting officer to videotape all aspects of the DUI arrest, including tests conducted onsite and in the police station. There are strict procedural steps that must be followed for the results of the breathalyzer to be used as evidence in court, including:
- 20-minute observation period – this 20-minute period must be recorded on videotape in order to rule out the false reading that may occur if the suspected motorist has just had a drink
- Collection of the breath sample must be taken within two hours of the arrest
- The machine must be properly maintained and in working order
- Before the test is administered, a simulator test must be performed on the breathalyzer unit with a result between 0.076 and 0.084 percent
To have more of your questions regarding DUI cases and refusal to take a breathalyzer test answered, please contact the Druanne White Law Firm today. We fight hard for our clients from Anderson, Greenville and Spartanburg, South Carolina, as well as the surrounding counties.
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February 27th, 2012
If you slipped and fell on someone else’s property and are now suffering from injuries related to your fall, you could have a premises liability claim. In this type of claim, you assert that your fall resulted from the property owner’s negligence to properly maintain the grounds, for example torn carpeting, wet floor, poor lighting or cracked sidewalks.
No clear-cut way exists to determine who is at fault for a slip and fall case. The reason is the difficulty in proving the difference between a dangerous property condition and your own carelessness. However, it is possible for a property owner or employee to be liable for your injuries, for which you would receive compensation. In this case, you must show:
- There was no way for you to anticipate the dangerous condition and avoid it
- The owner/employee created the spill, worn or torn sport, or any number of slippery or dangerous conditions
- The owner/employee knew about the condition and neglected to do anything about it
- The condition existed for such a length of time that the owner/employee should have known, discovered and corrected the problem
It can be difficult to prove all these points, but an experienced slip and fall lawyer can help you show liability. If you are fighting a large company or corporation, you definitely will want a legal expert at your side.
If you have been injured in a slip and fall accident in upstate South Carolina and would like to speak to our experienced personal injury lawyers, please contact the Druanne White Law Firm in Anderson, South Carolina today.
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February 22nd, 2012
Family lawyers can aid you in a variety of legal matters including domestic violence, prenuptial agreements, divorce, child custody, division of properties and much more. If a mediator has not been able to help settle your family law issue, an experienced family lawyer may be able to resolve the situation more quickly while keeping your best interests in mind.
You can find high quality family lawyers all over South Carolina so it is understandably difficult to find the right one for your needs. Before you make your final decision, it is important that you meet with several family lawyers for an initial consultation. During this meeting look for the following traits:
- Specialist in your legal issue – family law covers such a wide range of legal matters, make sure to find a family lawyer with experience in what you need
- Priority on you, rather than going to trial – avoiding going to trial will ultimately save you a lot of time and frustration. Ask during the initial consultation how your lawyer believes the case will play out
- Experience – look for a family lawyer who has handled cases like yours; you should also be able to look at their client testimonies
- Honesty – if your family lawyer refuses to release information about their firm or give a realistic assessment of your case, you know to keep looking
- Availability – determine if you’ll be working with this lawyer directly or if your case will be shifted to a paralegal or another family lawyer with less experience
If you would like the legal advice of an experienced family law attorney and live in Anderson, Greenville or Spartanburg, South Carolina, please contact the Druanne White Law Firm. We offer free initial consultations so you can get to know our specialists in your legal issue and have all of your questions answered.
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February 15th, 2012
Whether you live in a big city like Greenville or a smaller town like Anderson, South Carolina, the consequences of a DUI accident are always serious, for both you and any victims involved. After facing your DUI charge in court, you may be feeling anxious about the possible sentence and wondering how your DUI attorney can continue to help.
The cost of DUI can extend far beyond the financial penalties. Having a DUI on your record can negatively impact your employment options, financial aid for college, professional licensing, housing, and much more. The immediate punishments after a DUI conviction in South Carolina include:
- First DUI conviction – misdemeanor, 48 hours to 30 days in jail or 48 hours community service, $400 fine, license suspended for 6 months, court-ordered drug or alcohol abuse treatment programs (ADSAP)
- Second DUI conviction – misdemeanor, five days to one year in jail or not less than 30 days community service, $2,100 to $5,100 fine, license suspended for one year, required vehicle immobilization, SR-22 for three years, ADSAP
- Third DUI conviction – misdemeanor, 60 days to three years in jail, $3,800 to $6,300 fine, license suspended for two years (suspended for four years if current conviction is within five years of your first), motor vehicle forfeited, required vehicle immobilization, SR-22 for three years, ASDAP
- Fourth DUI conviction or subsequent–misdemeanor, one to five years in jail
In every case, blood alcohol levels that exceed 0.10 %, additional penalties may be imposed.
If you are unable to appeal your conviction or clear the DUI from your record, you may have other options. Talk to a qualified DUI attorney to learn more about your post-conviction options.
The experienced DUI attorneys at the Druanne White Law Firm proudly represent clients from Anderson, Greenville and Spartanburg, South Carolina, as well as the surrounding counties. If you have been convicted of a DUI and would like to learn more about what comes next, please contact our office today.
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February 9th, 2012
In the 2007 decision State v. Murphy, Denise Murphy moved to suppress the videotape of a traffic stop and her sobriety tests associated with that stop, because the tests did not abide by South Carolina “DUI Videotaping Statute” procedures: 1) two of the field sobriety tests were not conducted in full view of the camera, and 2) the video camera continued recording after she was placed in Officer Rothell’s police vehicle.
Murphy challenged the validity of her sobriety tests as evidence because those tests did not correctly follow the outlined procedures. Today, the DUI statute has been updated and now reads that the videotaping at the incident site must “(a) begin not later than the activation of… blue lights and conclude after the arrest…” and “(b) include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered.” S.C. Code Ann. § 56-5-29-53(A)(1)(a)-(b).
While Murphy’s move to suppress the videotape was unsuccessful, the case brought to light many discrepancies in the statute. Should you be stopped and charged with a DUI, be sure to examine with your DUI attorney whether the arresting officer has correctly videotaped all of the proceedings; if not, you may have the right to suppress the tape as evidence.
If you live in Anderson, Greenville, Spartanburg, South Carolina or any of the surrounding counties and would like legal advice for your DUI case, please contact the experienced DUI lawyers at the Druanne White Law Firm today.
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January 30th, 2012
Trying to define the line between your Fourth Amendment Rights and the government’s right to search and seizure by warrant is a topic of heated debate today. After the U.S. Congress passed the Patriot Act, reports surfaced of communication interception not just outside of the United States, but domestic intercepts, as well. So where do your rights end and protection begin?
Warrantless Wiretaps
The National Security Agency (NSA) can wiretap American citizens, if they obtain a warrant from a three-judge court set up under the Federal Intelligence Surveillance Act. In 2006, members of the al-Haramain Islamic foundation, a non-profit Islamic group, brought a lawsuit against the government alleging they were targeted under the NSA’s warrantless wiretapping program.
The warrantless surveillance program has faced continued legal challenge since 2006 and an extensive list of procedures must be carried out for the wiretapping to be considered legal. The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights have filed suit against the government on behalf of lawyers, scholars, and journalists who fear their communications are being monitored, as they regularly interact with people who could be under the suspicion of “terrorist activity.”
“Triggerfishing”
Triggerfish technology is used to trick nearby cell phones into transmitting the serial numbers, phone numbers and other data by posing as a cell tower; this way, law enforcement can bypass cell phone providers. Because of its range limitations, triggerfishing was once used relatively sparingly. Today, this technology may be used more widely than you realize.
According to the American Civil Liberties Union and Electronic Frontier Foundation, triggerfishing occurs “without the user knowing it, and without involving the cell phone provider.” Both groups consider the collection of location information an invasion of privacy and are pushing to require stricter standards for the use of triggerfish technology.
Protecting your Fourth Amendment rights while at the same time ensuring the U.S. government’s right to conduct justified search and seizure is a daunting task. If you live in Anderson, Greenville or Spartanburg, South Carolina and would like to learn more about wiretapping, triggerfish technology and your rights, please contact the Druanne White Law Firm today.
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January 25th, 2012
Child support is the ongoing obligation for the financial care and support of children from a former relationship or possibly terminated marriage. The laws governing child support in the United States vary by state and can cover food, clothing, utilities, education expenses and other costs. In South Carolina, both parents have a joint obligation for child support. However, typically the non-custodial parent pays child support to the custodial parent, who covers most of the child’s expenses.
The Child Support Guidelines published by the state of South Carolina offer guidance on the amount of child support and uses an income shares model based on the income of both parents.
Factors That Affect Child Support Payments
When you contact a qualified family law attorney about your child support case, you can learn more about the factors that be considered in child support payment adjustments. Those can include:
- Having more than six children
- Present consumer debt
- Educational expenses (child or spouse)
- Unreimbursed medical or dental expenses for either the parent or child
- Considerable disparity in incomes
- Alimony
- Mandatory retirement reductions on the part of either parent
What South Carolina Courts Demand in Child Support Enforcement
When non-custodial parents do not live up to their financial responsibilities, it makes it difficult for all involved, especially the children. South Carolina courts will not send the non-paying parent to jail if the circumstances are not considered willful. However, once the parent does not make child support payments as ordered by the court, the following will be required:
- Non-custodial parent must appear in court to explain why payments are not being made
- Without valid reasons, the judge may order an enforcement remedy, such as: license revocation, Federal or State income tax refund offset, administrative offset, unemployment insurance benefit offset, passport denial, administrative lien
- Judge has leeway to fine the non-custodial parent up to $1500 and or sentence the parent to jail for one full year for failure to pay
Please contact the Druanne White Law Firm, if you live in the Greenville area and want to learn more about your rights as a parent or non-custodial parent with regards to child support.
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