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    <title>South Carolina Criminal Attorney Blog</title>
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    <id>tag:www.southcarolinacriminalattorneyblog.com,2009-10-19://171</id>
    <updated>2010-05-23T02:24:53Z</updated>
    <subtitle>Published by Law Office of Robert J. Johnston </subtitle>
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<entry>
    <title>SUPREME COURT:  DANGEROUS SEX OFFENDERS CAN BE HELD IN PRISON INDEFINITELY</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/post.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16872</id>

    <published>2010-05-23T02:19:27Z</published>
    <updated>2010-05-23T02:24:53Z</updated>

    <summary>The U.S. Supreme Court this week upheld a federal law that allows for officials to maintain custody of dangerous sex offenders after they have served out their criminal sentences. Federal officials can keep inmates incarcerated indefinitely if they are found...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Misc." scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>The U.S. Supreme Court this week upheld a federal law that allows for officials to maintain custody of dangerous sex offenders after they have served out their criminal sentences.  Federal officials can keep inmates incarcerated indefinitely if they are found to be "sexually dangerous."</p>

<p>The law in questions, called the Adam Walsh Child Protection and Safety Act from 2006, was overturned by a lower court decision that said Congress did not have the authority in passing it. Based on certain sex offenders that have been shown to be nearly impossible to rehabilitate once returning to society, the law was enacted as a measure to keep those judged to be likely to re-offend behind bars.</p>

<p>The issue before the court was whether the U.S. Constitution grants Congress the authority to pass this kind of law. The 4th Circuit Court of Appeals in Virginia ruled in 2009 that the Constitution did not provide such authority.</p>

<p>In South Carolina we have a preceding that is held prior to an inmate being released to determine if a person is still a danger. If the judge rules that the individual is in fact a danger, then they leave the courtroom and head right back to prison. This is a civil preceding that is prosecuted by the Attorney General's Office.		</p>

<p><br />
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<entry>
    <title>EXAMPLE OF AN EXCESSIVE BOND----HALF A MILLION DOLLARS ON A HIT-AND-RUN CASE</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/example-of-an-excessive-bondha.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16546</id>

    <published>2010-05-21T04:28:33Z</published>
    <updated>2010-05-19T04:31:35Z</updated>

    <summary>A New Trier High School honor student has been arrested from a hit-and-run accident where a classmate was critically injured. Marijuana was allegedly involved. The judge in Cook County, Marcia Orr, ordered an extremely high bail in the case, after...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Bond &amp; Bail Hearings" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>A New Trier High School honor student has been arrested from a hit-and-run accident where a classmate was critically injured. Marijuana was allegedly involved.</p>

<p>The judge in Cook County, Marcia Orr, ordered an extremely high bail in the case, after hearing from the teenage defendant that she smoked marijuana the before the accident. She set the bail at $500,000. The defendant told the police that she had smoked marijuana the night before the accident.</p>

<p>Her attorney said that he family does not have the financial means to raise the 10% that the bonding companies want to bond her out. The prosecutor on the case, Akash Vyas, said that bolld and urine samples were taken from the teen, but would not be available until next week.</p>

<p>The teen is accused of striking another teenager, 15-year-old Sarah Goone, and then driving off and leaving Goone alone with her significant injuries. The prosecutor said that after striking Goone, she headed back her home where she lived with her parents, and on the way actually passed a police station without stopping to report what just happened. Several witnesses  gave partial license-plate numbers to the police and that was just enough evidence for the police figure out who she was, and facilitate an arrest just 28 minutes following the accident. When the police arrived at her house, she was sitting in her car which was parked on the street.</p>

<p>She has been arrested and charged with failing to give information or render aid, failure to exercise due care, and failing to report and accident involving personal injury.</p>

<p>I personally find the amount of the bail ridiculous. A half a million dollars for a hit-and-run case? For someone that has no criminal history and has never even been cited with a traffic violation? I have seen murder defendants with bail far less than this. I have also seen defendants who have been charged with drug trafficking and facing up to 30 years with bonds set 5 times less. Here in Myrtle Beach and Horry County I've seen people charged with First Degree Burglary facing potential life sentences get bonds that are ten times less than this one. </p>

<p>I'm sure that the fact that the driver didn't stop at the accident affected the judge when she set the bail. And she should have considered that. But I also can't help but wonder if the egregiousness of what happened didn't play into it and have an influence on her decision. By law a judge is restricted to only consider whether the person is a danger to the community and is a flight risk.</p>

<p>Judge Orr stated at the bond hearing that learning about the defendant smoking marijuana was an "important component" in her decision to set such a high bond. Personally, I don't get the connection. Smoking pot the night before has no bearing on being a danger to the community and as far as being a flight risk, that doesn't really tie in either. Especially since in all likelihood the marijuana had pretty much worn off.</p>

<p>For most crimes here in South Carolina, the bail is set by a magistrate or municipal court judge. Attorneys for the defendants can then motion the court for a hearing to have that bond reviewed by a circuit court judge, which is a judge that sits in state court. That is a higher court and the judge has the authority to change the bond amount and the terms of the release. This particular case would certainly be an appropriate case to have reviewed by a higher court. Such a hearing is called a Bond Reduction.</p>]]>
        
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<entry>
    <title>PREGNANT MOTHER FACING CHARGES WITH KILLING FETUS FROM DRUNK DRIVING CRASH </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/pregnant-mother-facing-charges.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16396</id>

    <published>2010-05-19T04:28:02Z</published>
    <updated>2010-05-17T04:30:04Z</updated>

    <summary>Have you ever heard of a crime called, &quot;Feticide?&quot; Fortunately you do not hear it often. Police say Jessica Bruce led police on a high speed chase and ended when she crashed her car, totally the vehicle. The police spokes...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Murder" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Have you ever heard of a crime called, "Feticide?"  Fortunately you do not hear it often. Police say Jessica Bruce led police on a high speed chase and ended when she crashed her car, totally the vehicle. The police spokes person said its very likely that she will be charged with Feticide, which is stems from he fetus dying as a result of her being a drunk driver at the time of the accident. The decision as to whether they will charge her rests with the results of the results of the toxicology tests and the autopsy. <br />
The maximum penalty for Feticide in Georgia is 15 years in jail. </p>

<p>There are 24 states now that recognize a fetus as being a person. Under Georgia law, the age of the fetus has no bearing on the crime. The only requirement is that the fetus was alive just before the accident. </p>

<p>There are 24 states that give the fetus the status of a victim in laws that were specially written for cases in which a fetus dies as a result of a drunk driver. When prosecuting these cases, they still have to prove all of the elements of a normal DUI case. The evidence as it pertains to the fetus dying would be in addition to the standard Driving Under the Influence evidence. Georgia is the only state that has a law called, "Feticide by Vehicle." </p>

<p><br />
In a few of the 24 states that recognize the status of a fetus as that of a person, the laws consider the age of the fetus at the time of the death. The difference in age affects the potential sentence. There are also seven states that have laws that can punish a person found responsible of a fetus dying all the way back to the time of conception. The other states require that the fetus be anywhere between 7 or 12 weeks. </p>

<p>There are five states that have laws whereby a person can be charged with murder from the death of a fetus while in what is called the, "quickening state," which is at 16-18 weeks. And, there is another three states where a person can be charged with murder when, and only when, the fetus is deemed viable. Those three states also require the fetus to be at least 28 weeks old, and capable of surviving outside the womb.<br />
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<entry>
    <title>Reasons for Entering a Plea Bargain </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/reasons-for-entering-a-plea-ba.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16325</id>

    <published>2010-05-18T05:33:12Z</published>
    <updated>2010-05-15T05:35:38Z</updated>

    <summary>Plea bargains have been around for a long time. They most likely began as a result of over-crowded courts. Nothing has changed. Trials take up a great deal of time. Even just one trial. And with thousands of cases coming...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Plea Negotiations" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Plea bargains have been around for a long time. They most likely began as a result of over-crowded courts. Nothing has changed. Trials take up a great deal of time. Even just one trial. And with thousands of cases coming through just one court, its literally impossible to take every case to trial. The solution therefore, is for the defense and the prosecution to cut a deal. This is usually fine with everyone involved, except for the victim of course, who usually wants full punishment. </p>

<p>For the defendants, the primary benefit of a plea bargain is that they get a lighter sentence that might otherwise have gone to trial and ended up with a far more severe charge should they lose. For those who do not qualify for a public defender, they can often save money, as most private lawyers will charge more if they are convinced that a case will go to trial. The reverse is true for the prosecutor, solicitor here in South Carolina, in that some sort of a conviction is better than no conviction at all; assuming that the prosecutor would have lost the trial. </p>

<p><strong>There are some other benefits: </p>

<p><u>Being release from jail</u>. </strong><br />
Its amazing just how long some people sit in jails awaiting trial. This is especially true here in Myrtle Beach and Horry County, where our system is tremendously backed-up. To sit in jail in this area is not picnic, with over crowding in our county detention center as it is. That would be J. Reuben Long Detention Center. That jail has had three times the capacity it was built for incarcerated and has resulted in inmates sleeping on the floor. Being a prisoner incarcerated under those conditions wears a person out. Often they lose their will to fight and they accept a plea offer that they normally would not, just for the sake of getting out of jail. And there is only so much that an attorney can do to help a person get out of jail and/or go to trial. As far as getting out of jail, the lawyer is pretty much limited to getting the defendant a bond hearing and arguing for a low bond. That is about the extent of what the attorney can do to get someone released pending their trial. As far as getting the actual trial to begin, the defense attorney's hands are completely tied. Defense attorneys have no control or input into the docket or court management. And seeking a "speedy trial" is not what people think it is. The so-called constitutional right to a speedy trial should be an article in itself. In many respects, it doesn't exist. Unless there is some sort of an exigent circumstance such as a crucial witness on his/her death bed, about all a defense attorney can to for a speedy trial is to file a motion for one, and then sit. Our Supreme Court here in South Carolina has held in one case that eight years is not a violation of one's right to a speedy trial. These are decided on a case by case basis, but the point is, by and large the right to a speedy trial will not expedite the getting out of jail process. </p>

<p><strong><u>Resolving the case quickly: </u></strong><br />
There is also the matter of family members who suffer as a result of that incarceration, and income not being made, and the list goes on and on. There is stress on everyone involved and not just the defendant. </p>

<p><u><strong>Having less of a serious criminal record: </strong></u><br />
Pleading guilty in exchange for a reduction in the number of charges or having one particular charge reduced to a lesser charge, will result in less impact on the defendant's criminal record. This not only affects the person regarding job opportunities, but could also have a devastating affect in the event that person is convicted again in the future. And then there is always the possibility that with some crimes there can be a reduction to a lesser charge that could later be expunged, and thereby clearing the person's record altogether. Plus, many potential employers look at misdemeanors in an entirely different light than they do felonies, despite certain fallacies with that line of reasoning. </p>

<p><u><strong>And there are other reasons: </strong></u><br />
Such the social stigma of being convicted of certain crimes. For example, a solicitor might take a rape case to trial, but be willing to reduce it in a plea negotiation to an assault and battery charge. Although having a criminal record for a assault and battery is not something that anyone would want on their record, it certainly would not be as hard to live with as a rape conviction. For various reasons, too many to explain here, there are defendants that have legitimate fears for going to prison in that they have fears of being harmed or even killed in prison. There are other reasons as well as these. And often defendants have more than just one of these reasons. </p>

<p>Judges and Prosecutors benefit as well: Again, for the most part, its usually just the victim that is really upset about the plea bargain process. But defendants are not the only ones that have an incentive to plead guilty. For the judge, the main incentive is to keep the cases moving, especially in those courts where the docket is over-loaded like it is here in Myrtle Beach and the rest of Horry County. That would include the other county in our circuit, Georgetown County. It also amounts to less work the judge would have to do. The average plea takes around 10 to 15 minutes. Trials on the other hand very seldom take less than at least a half of a day and for the most part, will eat up an entire day of everyone's time, including the judge. Most trials take longer than one day and depending on the particular case could take much, much more than just a day. And for the prosecutor, they always have more cases than they should. Their primary goal is to constantly move and resolve those cases. A prosecutor could possibly resolve 30 to 50 cases in one day through pleas. Compare that to the length of time for taking a case to trial, and there is no comparison. </p>

<p>Pleas are also far less of a strain on the entire system. Plea bargains save the government a tremendous amount of money. There are so many other people involved in the court system that this affects as to costs, such as law enforcement, clerks, staff, computers and office equipment, and so forth. The court system in this county was never designed nor built to accommodate the number of criminal cases. If every criminal in this country was to was to reject any sort of a plea and insist on their constitutional right to a jury trial, our system would shut down. <br />
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<entry>
    <title>Mayor charged with Drunk Driving -- DUI</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/mayor-charged-with-drunk-drivi.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16324</id>

    <published>2010-05-17T05:29:39Z</published>
    <updated>2010-05-15T05:32:02Z</updated>

    <summary>The 57 year old mayor of Brownsville, Pat Ahumada was arrested yesterday in the early morning hours for Driving Under the Influence after the police saw driving a car erratically. The mayor was released on a $3,500 Personal Recognizance bond....</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Driving Under the Influence--DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>The 57 year old mayor of Brownsville, Pat Ahumada was arrested yesterday in the early morning hours for Driving Under the Influence after the police saw driving a car erratically. </p>

<p>The mayor was released on a $3,500 Personal Recognizance bond. When offered, her refused the breath test. </p>

<p>When asked about the arrest by the newspaper, he said that he has regrets, but didn't admit to anything. </p>

<p>This is not his first time down this road. He was arrested in 1987 for a Driving Under the Influence charge in which he ended up pleading guilty on and received six months probation. Nor is it his first time as a defendant. Stemming from a city check ending up in his personal checking account, he went to trial just this past March and was acquitted. He was also tried on other accounts related to the account, in which he was also found not-guilty.<br />
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<entry>
    <title>Biker &amp; Motorcycles - Accidents and Injuries Involving Negligence -- The Standard of Care is Greater When Motorcycles are Involved </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/biker-motorcycles-accidents-an.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16323</id>

    <published>2010-05-16T05:17:20Z</published>
    <updated>2010-05-15T05:28:22Z</updated>

    <summary>If you dissect the legal basis of a Personal Injury claim, here is what you will find rooted in the law. Personal Injury is a form of Negligence. Negligence is defined as when someone breaches their duty of care to...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Negligence" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>If you dissect the legal basis of a Personal Injury claim, here is what you will find rooted in the law. Personal Injury is a form of Negligence. Negligence is defined as when someone breaches their duty of care to another person. This means that we all of a responsibility to be careful when it comes to other people. We all owe other people this care. Everyone one of us. When a person does something that results in another person being harmed, then there first legal question is whether they breached their duty of care to that person. </p>

<p>The duty of care to others is based on foreseeability. The more foreseeable the potential injury, the more the duty of care. So how does all of this tie into riding a motorcycle? It works like this. We all know that if someone does not operate their motor vehicle in a safe manner that an accident could occur. That is simple. And we all know that if there is an accident, then someone could be injured. That is simple too. Both of these are "foreseeable." The connection here with motorcycles is that if there is an accident with a motorcycle, then not only is there a chance that the biker will be injured, but its extremely more likely that they will be seriously injured. Therefore, there is an increased duty of care. The more foreseeable the potential injuries are, the more the standard of care. </p>

<p>This is important when we bring claims against insurance companies and others for personal injuries based on negligence. Its also important as it has a direct affect on the type of negligence claim that we bring and the type of legal damages that we assert in these claims. That is because there are two different types of negligence. One is your basic, standard negligence. The other and more serious one is called Gross Negligence. The law refers to it as willful and wanton conduct. Its when a person is reckless with a blatant disregard for the safely of others, and/or when a person acts with a voluntary or conscious disregard. </p>

<p>The reason that it is so important for the personal injury lawyer to make these distinctions and to properly assert these claims, is that if the case involves gross negligence, then that allows the attorney to seek punitive damages. With punitive damages the plaintiff can seek a monetary recovery that would be far above that without gross negligence. </p>

<p>It works like this. With any type of negligence claim there are a number of different types of damages that the plaintiff can seek. With what is called basic or ordinary negligence, the main one is what is called, Compensatory Damages. With compensatory damages the plaintiff seeks to recover what they lost. That is, to be compensated for his/her loss. This also includes pain and suffering. But when the lawyer successfully brings a claim based on gross negligence, they can then seek punitive damages. This is important as it greatly increases the amount of the potential settlement or verdict. Punitive damages are intended to punish the defendant. For example. Say someone runs a red light because they are talking on the cell phone and just not paying attention. That would be considered ordinary negligence. But on the other hand, say they ran the red light intentionally because they were running late. This would be considered as explained above a reckless act. It would be a blatant disregard for the safely of others. Once the attorney as successfully asserted this, then the jury would be allowed to award punitive damages. With a settlement it would go into the negotiations with the defendant or the insurance company. </p>

<p>There are other ways to allow the lawyer to seek punitive damages. Being convicted of certain crimes and safety statutes is another. Anytime that a driver causes an accident an injures someone and is convicted of a DUI, the plaintiff's attorney would be able to seek punitive damages. </p>

<p>These concepts are often taken for granted with motorcycle accidents. But they should not be. They are extremely important and need to be property pleaded and alleged in any claim or law suit. When people are out driving their car and they see a motorcycle, they have an automatic increased duty of care around that motorcycle. They know that if there is an accident then there is an increased chance of serious injuries. More so than having an accident with another car. </p>

<p>These legal concepts are especially important for a good personal injury lawyer to know here in Myrtle Beach and Horry County of South Carolina. Not only do we have the usual number of residents that own and enjoy motorcycles, but this is a popular tourist area that receives a great deal of bikers. And of course, we have more than one Bike Week. The rights of those who ride are different from those who drive cars and too often those rights are not adequately protected on our roads. The Myrtle Beach area has more than its share of highway accidents, injuries and deaths. This article refers throughout it with regards to "injuries." But all of the legal concepts and negligence rules also apply equally to wrongful death law suits and claims. Wrongful death is the term applied to the type of law suit that is filed when someone dies as a result of another person's negligence.</p>

<p>There are far more to these concepts than what I have written here. This is just a short, brief summary to give you an idea of what is involved. The point here is that any claim of negligence involving motorcycles needs to be thoroughly investigated and pursued as the law operates differently with these types of cases. <br />
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<entry>
    <title>CONVICTED KILLER WILL WALK </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/convicted-killer-will-walk.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16395</id>

    <published>2010-05-15T04:20:31Z</published>
    <updated>2010-05-17T04:23:31Z</updated>

    <summary>A man who was convicted of killing two people in 1983 in a double murder trial walked out of prison last week for good. The federal appeals court that reviewed the case gave the prosecutors in Ocean County 90 days...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Murder" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>A man who was convicted of killing two people in 1983 in a double murder trial walked out of prison last week for good. The federal appeals court that reviewed the case gave the prosecutors in Ocean County 90 days to retry him or let him go free. </p>

<p>Marlene Lynch Ford said today that pursuing a new trial will not happen. </p>

<p>The convicted killer, who's name is Anthony Alongi, who is now 80 years old, is the second defendant that has received relief by the courts. The first one, Paul Kamienski, who spent 20 years in prison, got out of prison last year. The appeals court in case stated that there was not sufficient evidence for him to have been convicted. </p>

<p>Mr. Alongi, who walked out of the prison facility last week, was granted the appeals court order after the court found that he should have been allowed to represent himself, and wasn't. </p>

<p>So go figure that one out? A man who committed a double murder is set free because he got better representation that he wanted?<br />
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</entry>

<entry>
    <title>Myrtle Beach Bike Week ---- Safer So Far </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/myrtle-beach-bike-week-safer-s.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16322</id>

    <published>2010-05-14T05:14:24Z</published>
    <updated>2010-05-15T05:15:52Z</updated>

    <summary>Thank God there has not been as many accidents so far as there have been in past Bike Weeks. As of today, Friday May 14th with just the weekend left, there has been one fatality with a motorcycles rider. Despite...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Thank God there has not been as many accidents so far as there have been in past Bike Weeks. As of today, Friday May 14th with just the weekend left, there has been one fatality with a motorcycles rider. Despite a safer week than usual, one is way to many and way too tragic. The accident which occurred yesterday during the Harley - Davidson Cruising the Coast Spring Motorcycle Rally took the life of James Marlow, a 28 year old resident of Ocala, Florida, who was killed while riding his motorcycle on U.S. 17 Bypass near Shetland Lane. He died due to multiple trauma that he suffered from the accident when he was struck from behind while slowing down to make a left-hand turn. The driver of the vehicle that hit him, an 18 year old Myrtle Beach woman, was not injured and was driving an Oldsmobile. The woman had a passenger with her who was taken to the hospital, with injuries not known at this time. </p>

<p>Hopefully this will be the only fatality this bike week. With this exception, it has been a relatively safe bike week this year.<br />
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    </content>
</entry>

<entry>
    <title>Man sentenced by court: Not allowed to ride with Hells Angles: </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/man-sentenced-by-court-not-all.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16321</id>

    <published>2010-05-13T05:10:16Z</published>
    <updated>2010-05-15T05:13:51Z</updated>

    <summary>As a criminal attorney, I&apos;ve seen some unusual criminal sentences, but this is a first. An admitted member of the Hells Angles Motorcycle Club, a Reno Nevada man was convicted of DUI Third Offense and ordered by the court to...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>As a criminal attorney, I've seen some unusual criminal sentences, but this is a first. An admitted member of the Hells Angles Motorcycle Club, a Reno Nevada man was convicted of DUI Third Offense and ordered by the court to not ride with the motorcycle club for 30 months as part of his sentence for Driving Under the Influence. He was also ordered to serve a total of 89 days in jail and a $500 fine plus court costs. He will be on probation as well which will cover the 30 month period he is not allowed to ride with his club. <br />
</p>]]>
        
    </content>
</entry>

<entry>
    <title>Automatic Email Biker Updates </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/automatic-email-biker-updates.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16320</id>

    <published>2010-05-12T05:05:39Z</published>
    <updated>2010-05-15T05:07:13Z</updated>

    <summary>Are you interested in getting biker news without the struggle of trying to find it? The web site Damnbiker. com has an automatic email update service. Just put in your email address and get on the list and they will...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Are you interested in getting biker news without the struggle of trying to find it? The web site Damnbiker. com has an automatic email update service. Just put in your email address and get on the list and they will automatically email you with news and updates. You can also email them biker related articles your interested in having them put on their site. Its a really nice service. But you don't have stop there. If you take the time to look, more and more biker web site have this service now and they are all free. It's a great way to stay on top of what's new and what's going on in the world of motorcycles.</p>]]>
        
    </content>
</entry>

<entry>
    <title>Biker Hit by Buffaloe - Bikers Beware of Animals, Large and Small</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/biker-hit-by-buffaloe-bikers-b.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16319</id>

    <published>2010-05-11T05:02:38Z</published>
    <updated>2010-05-15T05:04:05Z</updated>

    <summary>A man riding his Harley Low Rider through South Dakota&apos;s Cluster State Park learned what a danger animals can pose to motorcyclists. The rider was in a line of traffic that was trying to pass through a herd of buffalo....</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>A man riding his Harley Low Rider through South Dakota's Cluster State Park learned what a danger animals can pose to motorcyclists. The rider was in a line of traffic that was trying to pass through a herd of buffalo. When hit, the rider was observed being thrown into the air approximately 15 feet by the buffaloe. That is a huge animal and they can easily weigh a ton or more. He was also gored in his leg and was hospitalized. Fortunately, his injuries were not life-threatening. <br />
When the park official who is the park's buffaloe expert was asked how a bison could throw someone into the air, he responded by asking, "how high would you want to toss him." The accident illustrates just how much of threat and danger wildlife, or even domesticated animals can be to motorcyclists and to never be taken for granted. Its not that hard to keep an eye out for them. The problem is when they come darting out of the woods to cross the road and they are running at 25 to 30 miles per hour. Without notice, they suddenly are there, right in front of you. <br />
Buffaloe are dangerous because of their mass. But all kinds of animals can also be dangerous despite being much smaller. In a different accident a motorcyclist incurred very serious injures after hitting a groundhog. A couple in Maine hit a moose which resulted in the driver being killed and his wife who was riding on the back was critically injured. One of the most common animal/motorcycle encounters is with deer. That is due to the millions of deer in this country who thrive in every state. With populations at all-time highs throughout the country, there are more and more deer on the roads than ever before. The best advise to those riding through areas of deer, is to drive slower and look more than usual. Keeping an eye out for the side of the road and being cognizant that something could suddenly appear from the extreme right or left is imperative. Knowing that an accident is more likely in these area, wearing protective head gear can never hurt. Motorcyclist should also be aware that deer tend to start moving around in the evening just before it starts getting dark. <br />
In addition to deer, dogs and livestock also contribute to these types of accident. Livestock are usually only in certain areas. But the problem with dogs is that they can be anywhere. Having this knowledge and being cognizant of the risks are the first steps in avoiding an accident. The next step is simply staying cognizant. Its easy to take these dangers for granted.</p>

<p><br />
		</p>

<p><br />
</p>]]>
        
    </content>
</entry>

<entry>
    <title>Biker Safety --  Be On the Lookout, and Look Twice </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/biker-safety-be-on-the-lookout.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16318</id>

    <published>2010-05-10T04:59:53Z</published>
    <updated>2010-05-15T05:02:32Z</updated>

    <summary>Bikers have just as much right on the roads as any other vehicle. Sometimes I wonder if everyone understands that. Different types of vehicles require different precautionary measures. We pass bicyclists with different care than we pass cars, we give...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Bikers have just as much right on the roads as any other vehicle. Sometimes I wonder if everyone understands that. Different types of vehicles require different precautionary measures. We pass bicyclists with different care than we pass cars, we give semi-tractor trailers different space then other motorist, we stay further back from gravel trucks and other vehicles where something could blow off of. The point here is every vehicle on the highway requires different care and safety considerations. That especially include motorcycles since once there is an accident, the potential for devastating injuries is far more than any other type of vehicle. <br />
Approximately half of all motorcycle accidents are collisions with a car and most of the time its the car that is at fault. People simply do not exercise that added degree of safety when it comes to sharing the road with bikers. It is imperative to give motorcycles that extra space. Drivers of cars know when the roads are full of motorcycles and need to take the time to be sure. That blind spot that we have always known about in our side mirrors is especially dangerous when it comes to motorcycles. If a car can be hard or impossible to see in a side mirror, then certainly a motorcycle can. Seldom is a motorcycle accident the fault of the bike rider. Its other drivers of cars who simply do not take those extra steps and those few additional seconds to be sure. Here is an amazing statistic. The Safety Foundation's study revealed that the at-fault drives of cars who had accidents with motorcycle riders, found that if the drivers of those cars had taken the time to simply look twice before changing lanes, that half of those accident would not have occurred.<br />
</p>]]>
        
    </content>
</entry>

<entry>
    <title>NEW MYRTLE BEACH BIKE WEEK LAWS </title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/new-myrtle-beach-bike-week-law.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16317</id>

    <published>2010-05-09T04:50:27Z</published>
    <updated>2010-05-15T04:59:36Z</updated>

    <summary>For those who haven&apos;t yet seen what the City of Myrtle Beach has done, or would like to see a quick reference, below is a summary of the laws that Myrtle Beach put into affect last year. Whether your in...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Motorcycles &amp; Bikers" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>For those who haven't yet seen what the City of Myrtle Beach has done, or would like to see a quick reference, below is a summary of the laws that Myrtle Beach put into affect last year. Whether your in favor of these new laws, or opposed, you can certainly see why most of bike week is now taking place "outside" the City. </p>

<p>NOISE<br />
Loud mufflers, straight pipes banned. Cannot rev engine and noise in general is forbidden.</p>

<p>HELMETS<br />
Everyone on a bike must wear protective headgear and safety glasses at all times in which the bike is moving.</p>

<p>PARKING SPACES<br />
A limit of two bikes per parking space is now the limit.</p>

<p>CURFEW<br />
From 1:00 a.m. to 6:00 a.m. for juveniles (those under 18). This has a few exceptions. Should someone violate this, the juvenile will be detained and parents will be called.</p>

<p>ALCOHOL SALES<br />
No selling of alcohol is allowed after 2:00 a.m., unless it's a bar and the bar receives an exemption in which it must apply for.</p>

<p>ALCOHOL CONSUMPTION<br />
No drinking of alcohol and no open alcohol containers in a person's possession is allowed in parking lots and parking garages of any sort of business.</p>

<p>SKIPPING OUT ON RESTAURANT BILLS<br />
It is considered a crime to walk out on your bill at a restaurant. In the event that you dispute your bill, you are required to leave your name and address.</p>

<p>LOITERING No loitering in parking lots of any business that are posted. No loitering at all in parking lots of businesses after the business has closed. Store parking are only for the particular store customers.</p>

<p>PARKING LOTS<br />
Parking lots and landscaped areas of any business adjacent to a road or any street is not to be used for any sort of partying. People cannot set up chairs, drink, set up coolers or a food service, etc., in these areas.</p>

<p>GAS STATIONS & CONVENIENCE STORES<br />
These businesses will be required to have security standards. This includes drive-through stores. There is to be no loitering or gathering in the parking areas unless there is a contemporaneous commercial activity. The parking lots are only for the store's customers. No partying in the parking lots.</p>

<p>TRAILERS AND OVERSIZE VEHICLES<br />
These are not allowed to be parked on the street.  They must only be parked in parking lots or storage lots that are approved for these.</p>

<p>PHOTO IDENTIFICATION - MOTEL CHECK_-IN<br />
Minors (under 18) can not check into a motel unless they are accompanied by a parent or a legal guardian. Anyone visiting as a guest in a room must be identified. All parking for guests require tags for all guest vehicles.</p>

<p>This is just a summary and is not intended to be all inclusive of all of the new ordinances. Please consult with the actual ordinance if you have a legal issue or consult with an attorney.</p>

<p>Robert Johnston<br />
Myrtle Beach<br />
(843) 946-0099</p>]]>
        
    </content>
</entry>

<entry>
    <title>ROADSIDE CHECKPOINT CONDUCTED AGAIN IN MYRTLE BEACH</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/roadside-checkpoint-conducted.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16326</id>

    <published>2010-05-08T05:37:46Z</published>
    <updated>2010-05-15T05:45:28Z</updated>

    <summary>Another checkpoint was conducted by the Myrtle Beach Police last Tuesday. There are three more scheduled for this year&apos;s bike rally. The other ones will be during Memorial Day bike week. This last one we not very eventfully, base on...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Misc." scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Another checkpoint was conducted by the Myrtle Beach Police last Tuesday. There are three more scheduled for this year's bike rally. The other ones will be during Memorial Day bike week. <br />
This last one we not very eventfully, base on previous checkpoints. Only 23 citations were handed out. And of those, 16 were for violations regarding licenses and there was one equipment ticket. A few were for drugs and a couple outstanding warrants. </p>

<p>There is nothing unusual about having checkpoints while the bikers are in Myrtle Beach. Its become a common practice. Its interesting to note that with two new ordinances, one requiring bikers to wear helmets and the other for the bikes being too loud, neither one occurred at the checkpoint and no tickets were given out for those. </p>

<p>Quite a number of people are not happy with the checkpoints and actually think they do more harm than good. There is also a great deal of objection with the police targeting the bikers. They come here, they are by and large well behaved, they spend their money in our community, and then they get targeted by the police. </p>

<p>I wonder if they have checkpoints this week in Shallotte.</p>

<p>(843) 946-0099. Attorney Robert Johnston. <br />
Myrtle Beach</p>]]>
        
    </content>
</entry>

<entry>
    <title>DUMB CRIMINAL OF THE MONTH</title>
    <link rel="alternate" type="text/html" href="http://www.southcarolinacriminalattorneyblog.com/2010/05/dumb-criminal-of-the-month.html" />
    <id>tag:www.southcarolinacriminalattorneyblog.com,2010://171.16327</id>

    <published>2010-05-07T05:45:45Z</published>
    <updated>2010-05-15T05:47:01Z</updated>

    <summary>Since I&apos;m struggling to thing of thing to write about, I&apos;m going to devote on post a month to stupid criminals. This month I&apos;m beginning with a guy from Ohio named Art Price. Mr. Price apparently became quite fond of...</summary>
    <author>
        <name>Robert J. Johnston</name>
        <uri>http://www.injury-lawyer.info/</uri>
    </author>
    
        <category term="Misc." scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.southcarolinacriminalattorneyblog.com/">
        <![CDATA[<p>Since I'm struggling to thing of thing to write about, I'm going to devote on post a month to stupid criminals. This month I'm beginning with a guy from Ohio named Art Price. Mr. Price apparently became quite fond of his picnic table. A table made of metal. He became so fond of his metal picnic table, that he had sexual intercourse with it out in his yard. Personally, I believe a man has a right to love a picnic table. However, there is a place and time for everything. Mr. Price seduced his favorite piece of lawn furniture in full view of an elementary school. <br />
One of the neighbors fond this so interesting that he video taped Mr. Price. In fact, he video taped him on three separate occasions. Now, Ohio gets quite cold during the winter. Remember when you were a kid and you tried sticking your tongue to a metal object in the winter? I think I'll stop this thought here. <br />
So what's the price of picnic table love? About six months I'd say. That is what Mr. Price received in a state prison.<br />
</p>]]>
        
    </content>
</entry>

</feed>


