Druanne White Lawfirm Blog

Greenville Personal Injury Attorneys at The Druanne White Law Firm

Archive for February, 2012

Who Is at Fault in a Slip and Fall Case?

Monday, 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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How to Pick a Good Family Lawyer

Wednesday, 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.

Posted in Defense Attorney | Comments Off

What to Expect from a DUI Conviction

Wednesday, 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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How State v. Murphy is Changing DUI Cases in South Carolina

Thursday, 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.

Posted in DUI | Comments Off

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