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Moncks Corner South Carolina Law Blog

Can I defend myself against a domestic violence accusation?

Being accused of domestic violence is a very serious issue to have to deal with, and when learning of this accusation, you are likely to be upset. In many cases, an accusation of domestic violence comes after a heated or intoxicated argument. In a situation such as this, emotions can run high and exaggerated claims can be made.

If you are adamant that you are not, in fact, guilty of committing domestic violence despite being accused of the offense, take adequate action to defend yourself. It is important that when doing so, you are aware of the entirety of the defense options available to you. The following are some of the most common defenses used in response to domestic violence allegations.

Single-car crash on Halloween night leads to DUI charges

During holiday weekends, law enforcement agents may be on high alert for certain types of behavior. When a motor vehicle accident occurs on a holiday, those investigating the incident could be more inclined to suspect the presence of wrongful behavior. A recent single-vehicle collision that is said to have taken place on Halloween night in South Carolina has reportedly left a 21-year-old man in custody facing DUI charges.

Authorities say they responded to reports of the incident at around 11:30 p.m. on Oct. 31. Upon arriving at the scene, they claim to have found a vehicle partially submerged in a nearby lake and a man sitting by the edge of the water. While investigating the incident, they say that a witness came forward and told them that he or she saw the man exit the vehicle and swim to the shore shortly after the incident occurred.

Eating while driving: an underappreciated distraction

When car accidents occur in Monck’s Corner, one of the most important elements to determine is fault. Oftentimes that will be evident; a driver may have been traveling well in excess of the posted speed limit or been operating their vehicle in a blatantly reckless manner. Yet in many cases, fault may not be so apparent. It is at that point that one must look for the more subtle cues to understand with whom a majority of the blame for an accident should lie. One such clue might be a person involved in a collision wiping food stains off their clothing or quickly discarding cups or wrappers. These are telltale signs of eating and drinking while driving.

One might ask what is so wrong with this. After all, why would cars come equipped with cup holders or restaurants have drive-thru windows if people were not meant to eat while driving? Eating and drinking may seem like such natural actions, yet they indeed can be distracting. In a collaborative research effort between the Auto Alliance and the American Academy of Orthopaedic Surgeons, it was highlighted that eating behind the wheel induces the three common forms of distractions:

  • Cognitive: Diverting one’s attention away from the road
  • Visual: Diverting one’s eyes away from the road
  • Manual: Pulling one (or both) of a driver’s hands off the steering wheel

Fighting for the alimony that you deserve

When divorce is a reality, divorce courts do not want either spouse's finances to suffer disproportionally. This is why alimony is sometimes awarded to the spouse who has a lower income. Alimony payments, otherwise known as spousal support, serve as a means to equalize income to some extent, giving the spouse who earns less time to gain new employment skills.

If you are contemplating divorce but you are worried about the alimony payments you will be set to receive, it is important that you understand your rights in South Carolina and how the law will apply to your specific situation.

What are legal grounds for divorce in South Carolina?

If you decide you want to end your marriage in South Carolina, one of the first steps is figuring out how to initiate the legal action to get a divorce. State law requires you to provide grounds for divorce when you file the paperwork. This requirement holds whether you file the divorce action by itself or as part of a request for maintenance and support.

The South Carolina Bar states that the law recognizes five grounds for divorce. Four of them, physical cruelty, abandonment, adultery and habitual drunkenness, may require the testimony of a third-party witness to prove the truth of the claims. The state also allows "no-fault" divorce. In order to qualify for this type of divorce, you and your spouse must have lived apart for at least one year before initiating the divorce action.

Why you can and should decline roadside sobriety tests

There are probably few things as dread-inducing as seeing the blue lights of a police vehicle in your rearview mirror. If you have been drinking alcohol, the ante is upped considerably, as is your apprehension.

You pull over to the side of the road and await the approach of the police officer. What will happen in the ensuing minutes will dictate whether you are allowed to go on your way or are detained for further questioning and possible arrest. The following advice may prove helpful to those facing similar circumstances.

An ignition interlock device helps you get behind the wheel again

Losing your license is one of the more frustrating complications of any conviction related to impaired driving. Completely losing your license can be a major headache that causes a broad range of issues.

Friends and family members may begin avoiding you because they get sick of giving you rides. Your work could suffer as well, as relying on others or public transportation to get to your place of employment could mean chronic tardiness or absenteeism. Having a license means having freedom.

Common reasons insurance companies do not pay auto claims

People who are in car accidents in South Carolina and submit a claim to their insurance company expect payment for damages. However, an insurance company may not pay for the claim, and there are numerous reasons why this may be. Some are legitimate, while others are not, and the insurance holder should take further steps to ensure the company pays for what is right.

Some legitimate reasons why a company may not pay for an auto insurance claim are when someone has not kept current with payments, the claim fits under a listed exclusion or the policy holder has not met the deductible yet. On the other hand, FindLaw discusses some bad faith tactics insurance companies may take to avoid paying for a valid claim. Some relate to the investigation into the claim, as some companies may delay an investigation or not conduct a thorough one. A company may also misrepresent the law or use deceptive practices, such as not providing the necessary paperwork or failing to divulge information about an existing coverage. It is also common for an insurance company to offer a lower settlement than what a claim is really worth.

Rush hour driving brings forth many challenges

Even if you have many years of experience driving in rush hour, it doesn't make it any easier to find yourself in gridlock traffic in South Carolina.

Not only is it frustrating to drive in rush hour traffic, but it's also dangerous on many fronts. If you don't take steps to prevent trouble, there's a greater chance of suffering an injury in an accident.

How to prepare for divorce

Couples in South Carolina who are struggling in their marriage may eventually decide that divorce is the best course of action. When this occurs, neither partner should bury his or her head in the sand, because there is a lot to prepare for. By taking the proper steps, divorce proceedings can be a bit less stressful and time-consuming, and there may be a better outcome as well.

Investopedia discusses some initial steps each side should take for a smooth process and to ensure there is protection in regard to finances. One of the first steps is to close any account that is joint in order to prevent one spouse from spending the money or building up debt. Another is to talk with legal and financial professionals and figure out the best way to proceed, whether it is through a court trial or mediation. 

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