Criminal Traffic Offense
Major Traffic Offenses:
- Driving under the influence (DUI)
- Driving with an unlawful alcohol concentration (DUAC)
- Reckless driving
- Driving under suspension (DUS) (except for failing to file a SR-22 certificate of insurance
- Voluntary manslaughter arising out of the operation of a motor vehicle
- Involuntary manslaughter arising out of the operation of a motor vehicle
- Reckless homicide arising out of the operation of a motor vehicle
- Failure to stop for an accident resulting in death or injury
- Any felony offense arising out of the operation of a motor vehicle such as felony DUI.
10 Violations Within 3 Years
If you have 10 convictions for “minor” traffic violations in a 3-year span, you can be declared a habitual offender. Minor violations are those that carry two or more points against your driver’s license, such as speeding more than 10 mph over the speed limit or failure to stop for a traffic signal. The SCDMV determines the 3-year period by the incident date of each violation, not the court date or conviction date.
Reckless Vehicular Homicide
In South Carolina, a motorist can be convicted of “reckless vehicular homicide” for causing the death of another person while driving in “reckless disregard of the safety of others.”
Reckless disregard. Basically, a person acts with reckless disregard for the safety of others by knowingly doing something that poses a safety threat to other people. In other words, the person knows the conduct is dangerous, but decides to do it anyway.
Causation. A driver can be convicted of reckless vehicular homicide only if there is proof that the driver was a legal cause of death. It is not enough to merely show the defendant drove recklessly and someone died, but there needs to be a direct link between the defendant’s driving and the death.
Timing of the death. To be guilty of reckless vehicular homicide, the victim doesn’t have to die right away. South Carolina’s reckless vehicular homicide law applies if the victim dies within 3 years of the accident, as an approximate result of injuries received from the accident.
Reckless Vehicular Homicide Penalties
Reckless vehicular homicide is a felony in South Carolina. Convicted motorists face up to 10 years in prison and/or $1,000 to $5,000 in fines. A reckless vehicular homicide conviction also leads to a revoked license for 5 years. However, after completing the 1st year of the revocation of the license, the driver can petition the court for license reinstatement. The court can reinstate the driver’s license only if:
- The offense didn’t involve drugs or alcohol
- The driver has completed the jail sentence and paid all fines and victim restitution
- The driver’s record, attitude, habits, character, and driving ability indicate the license reinstatement is safe.
In lieu of full reinstatement, the court also has the option of ordering a restricted license for the remainder of the 5-year period.
The Crane Law Firm represents individuals that have been charged with criminal traffic offenses. Call for a free initial consultation!