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Criminal Defense

Served Too Much to Drink: Who’s Responsible?

Posted by on Mar 14, 2019 in Criminal Defense, Dram Shop Liability | 0 comments

If you get behind the wheel of a car while under the influence of alcohol, you’re the main person responsible for any damages that happen as a result of that decision. You’re likely to end up doing some jail time if you’re caught as well. However, I’ve recently learned that there is another party that could be partially responsible for DUI-related crashes. Bars are legally liable for what their patrons do once they leave a bar. That’s part of the reason that bartenders and servers must go through training on when to cut people off and not to over serve. These workers can face charges and lose their job if they serve alcohol to someone that is clearly intoxicated. There is a lot of regulation surrounding what bars can and cannot do, so I started to wonder if it’s possible to sue a bar after they’ve served someone too much to drink.

I stumbled upon the site for Evans Moore, LLC while reading about this subject online. At Evans Moore, LLC the attorneys work in what is called dram shop law. That means that they hold establishments responsible if they over serve and then their patrons leave and cause damage to another person. It turns out that the law does find those who over serve to be responsible, at least partially, for a resulting accident. In the state of South Carolina, where Evans Moore is located, there are no laws that specifically relate to dram shop liability. It is still possible, however, to sue on dram shop premises because of a prior case that ruled in the state. The South Carolina Supreme Court heard a case entitled Jameson v. The Pantry, Inc. The Pantry store sold alcohol to a person under twenty-one years old. Just one hour after the sale, the minor was driving with a blood-alcohol content that was much higher than the legal limit. He proceeded to cause an accident that killed some and injured several others. The Supreme Court allowed the injured parties to file a claim against the driver as well as The Pantry store. This ruling set the precedent that allows others to sue establishments in the state today.

This ruling protects accident victims much more than they previously were. If you were to be seriously injured in a wreck, it’s quite possible you would have hundreds of thousands in medical bills to pay. If you want to press charges against a driver, you may end up only being able to collect $25,000. This is because $25,000 is the minimum insurance coverage that a person needs to drive in the state. Minimum liability is astronomically higher for establishments like a bar though. If a business sells alcohol, they are required to have at least one million dollars worth of liability insurance. This liability would cover almost any hospital expenses, were you to find yourself injured due to a drunk driver and a dram shop. These laws vary by state quite a bit, but South Carolina is definitely a good state for these types of cases.

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Drug Trafficking

Posted by on Sep 15, 2016 in Criminal Defense | 0 comments

Every year, the U.S. Drug Enforcement Agency (DEA) makes 30,000 arrests due to drug-related crimes. Despite these arrests and the untiring surveillance and operation of law enforcement agencies to catch criminals and rid the streets of drugs, trafficking, distribution, possession and use of illegal drugs (including marijuana, cocaine, heroin, and 3, 4-methylenedioxymethamphetamine (MDMA), which is otherwise known as Ecstasy) are still significant problems in the country.

Thousands of individuals suffer years of jail term due to the very wrong notion that smuggling drugs into the U.S. is too easy money to pass up. Obviously, they would rather risk being caught and face heavy penalties, than turn down the chance of earning big amounts of cash.

Drug-related activities, especially drug trafficking, are serious federal crimes with harsh mandatory sentences. A drug trafficker can face years of jail sentence; fine amounting to thousands of dollars; loss of right to vote until the completion of the entire felony sentence; loss of the right to carry a gun; and, loss of certain academic and professional opportunities.

For drug selling, offenders can face much three to nine years imprisonment (even longer for those found guilty of selling drugs to minors). For possession of drugs, on the other hand, many states carry a mandatory minimum sentence of 30 to 40 months imprisonment, besides the steep fines (other states also include many hours of community service, which will serve as additional penance for the crime).

Illegal drugs use is linked to many causes of death, homicide, sexual crimes, violence, suicide, HIV infection, hepatitis, pneumonia, mental illness and motor-vehicle injuries. It is because of these, which put the lives of so many innocent lives danger, that law enforcement officers and the DEA fight the crime with more intensity. Thus, rather than just charging an individual with possession, law enforcers also look for signs, such as small plastic bags, scales and large amounts of cash, which are all possible signs of intent to sell.

The penalties awaiting a person convicted of a drug crime should never be taken lightly; more so, however, are the effects of a conviction as these can ruin a person’s future even years after his/her conviction and despite having completed the terms of his/her sentence. Because whether he/she likes it or not, his/her crime and conviction will be on record accessible, especially, to potential employers.

Drug trafficking, according to a Nashville drug crimes lawyer, can be used to refer to the manufacture, delivery, possession with intent, and sale of all controlled substances; it may also be prosecuted as anything from Class E to Class A felonies at the state level. A person charged with a crime related to illegal drugs will definitely need to do everything to protect himself/herself from the consequences of a conviction. A highly-competent drug crimes defense lawyer, may just be the right person who can provide him/her the strong defense necessary to prove his/her innocence, or lighten his/her sentence in case of a conviction.

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