South Carolina Criminal Attorney Blog

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.

Hopefully this will be the only fatality this bike week. With this exception, it has been a relatively safe bike week this year.

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.

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.

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.
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.
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.
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.

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.
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.

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.

NOISE
Loud mufflers, straight pipes banned. Cannot rev engine and noise in general is forbidden.

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

PARKING SPACES
A limit of two bikes per parking space is now the limit.

CURFEW
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.

ALCOHOL SALES
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.

ALCOHOL CONSUMPTION
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.

SKIPPING OUT ON RESTAURANT BILLS
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.

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.

PARKING LOTS
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.

GAS STATIONS & CONVENIENCE STORES
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.

TRAILERS AND OVERSIZE VEHICLES
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.

PHOTO IDENTIFICATION - MOTEL CHECK_-IN
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.

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.

Robert Johnston
Myrtle Beach
(843) 946-0099