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Moncks Corner South Carolina Law Blog

What happens if my uber driver crashes the car?

After planning a great Friday night out on the town in South Carolina, you realize you may have one drink too many so you decide not to drive. Instead, you rely on your favorite rideshare service to take you there and back. On the way home from the bar, a car stops suddenly before your Uber driver and they collide. Your seatbelt was on, but as the adrenaline fades you can feel a pain shooting up your back. At Beau Seaton Attorney at Law, we find that many passengers do not know how to react in these situations, but those first few minutes are crucial.

Inc. estimates that 15% of Americans have used a ridesharing app before. Of this number, 17% regularly use ridesharing services to get around. In spite of the relative popularity of these apps, especially among millennials, rideshare companies and insurance providers have yet to come to an agreement on who pays for injuries. Drivers who work for ridesharing companies have personal insurance included in their contract to cover themselves, but what about you?

DUIs are a hazard: Here's how to avoid one

Want to grab a drink before you hit the road? Avoid making this serious mistake. If you get behind the wheel while you're drunk, you're bound to end up causing trouble for yourself or others. Even if you don't get caught this time, the reality is that the authorities are cracking down on drunk drivers and can attempt to enforce serious penalties against you.

The trouble with intoxication and driving is that even the most responsible people may have fewer inhibitions. That means they may think they're fine to drive, even if they never would in this state if they were looking at the situation as a rational, sober person. Some people can drive well despite some level of intoxication, but it's not a guarantee that you'll be safe to drive or be able to get home safely.

Is it normal to feel hatred during a divorce?

Going through a divorce can lead to a wide range of emotions. If you made the decision to file for a divorce, it is likely that taking action to do so felt liberating and empowering in some sense.

However, it is possible to feel overwhelming guilt and shame as a result of giving up on the marriage. Hatred and anger, as well as jealousy and lust, are also common emotions experienced during the immediate aftermath of separation. It is important to know that all of these emotions are normal, and that they serve some purpose.

Why mouth alcohol could help your DUI defense

If you have been accused of driving under the influence of alcohol after performing a Breathalyzer test, it is important that you understand your defense options in South Carolina. Breathalyzer tests are notoriously inaccurate because they measure the contents of the breath to estimate the blood alcohol concentration (BAC). This means that many variables in the breath can influence the results of the test, and, consequently, produce false positive results.

You should make sure that you consider all possibilities when building your DUI defense. If you are convinced that you did not drink enough alcohol to have a BAC over the legal limit of 0.08%, it is vital that you look into all defense options. The following are some common ways that mouth alcohol can produce false positive Breathalyzer test results.

Death penalty plan for drug traffickers on the horizon

Since his election, the president has focused a lot of his efforts on defending borders and tackling drug trafficking. This perhaps converged into his focus on Mexican drug cartels in America. Apparently, the topic so fascinated Business Insider that they decided to investigated where Mexican drug cartels operated in America. The reports showed that southern California, the Northeast and south Florida remained the key areas for Mexican drug cartel activity. South Carolina remains one of the least affected states in the east.

Ironically, Mexican drug cartels are allegedly some of the least violent of drug-trafficking organizations in America. However, this is not for altruistic reasons. The cartels reportedly prefer to keep a low profile, so as not to attract attention from law enforcement. Because of this, inter-cartel violence and gang wars is limited in U.S. soil, even when it is at its worst in Mexico.

What to consider when relocating a child

When couples split up in South Carolina and share custody of a child, one of the pain points is relocation. There are many legitimate reasons the parent with primary custody may need to move. They may have landed a higher-paying job in another town. Or, they may wish to move back to their home state to receive family assistance with childcare. Will their ex allow it? If they do not, what can they do to prevent it?

According to FindLaw, different states have their own laws on child relocation. There are two main provisions in place. The first is express consent. Many states may require that the noncustodial parent consents to the relocation. Ideally, this would have occurred during the initial child custody discussions. Other states may only require the custodial parent to provide notice within a certain period in advance. There are also states that require both.

The other person’s insurance denied the claim. What now?

At Beau Seaton Attorney at Law, we recognize that insurance companies in South Carolina have one primary goal. They need to pay out as few claims as possible for the lowest amounts they can to make a profit. Unfortunately, that does not coincide with a driver or pedestrian’s need for compensation so they can recover after an accident. As a result, even when the other driver is at fault, their insurance company may choose to deny your claim. What do you do now?

FindLaw points out that it is important to understand why the claim was denied. In some instances, the driver may tell another story to the insurance company which better suits both of their pockets. The driver’s premiums may not go up and the insurance company gets to hold on to its cash for a little longer.

Summer fun increases the temptation to drink before you drive

It's hard to imagine a more pleasant way to enjoy a hot South Carolina summer afternoon than by drinking a few cold ones with your friends. Unfortunately, if your drinking buddies aren't your neighbors, your desire to relax could end up creating legal complications. After all, you probably feel like you need to get home for the evening, and you likely don't want to leave your vehicle somewhere else.

Driving yourself home after a few drinks may seem like the most convenient thing to do, but it can end up costing a lot of problems. If you get pulled over, you will find yourself facing driving under the influence (DUI) charges. If you cause any kind of car crash or collision, even if your vehicle is the only vehicle involved, you will likely face criminal charges under South Carolina law.

How can I make joint custody work with my ex?

Divorced parents who share custody often have a tough time coming to terms on child-rearing. However, it's in the best interest of your children to do so, even when hurt feelings and resentment exist between you and your ex. If you need help developing a co-parenting schedule that works for all involved, Very Well Family offers the following advice. 

Don't focus solely on convenience

How can I avoid aggressive driving?

Driving in South Carolina can often be stressful, especially in certain situations. Driving stress can easily lead to aggression behind the wheel, which is commonly referred to as road rage. Preventing yourself from experiencing aggression while driving is key to ensuring a safe experience for you and your passengers. Geico offers the following information on road rage and explains how you can prevent it from occurring. 

The first step is to understand just what is meant by road rage. Aggressive driving entails many different behaviors, including gesturing angrily, honking, and yelling from your window. Some motorists begin driving aggressively as well, which can involve cutting off the other vehicle or tailgating. The situation may escalate even further if one vehicle makes contact with another or if a driver exits his or her vehicle to confront another motorist. Not only is this dangerous, it can also lead to serious legal issues for all involved and may also cause an increase in your current insurance rate.

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