Go to navigation Go to content
Toll-Free: 888-230-1841
Phone: 864-582-0416
Holland & Usry, P.A.

Honest Answers From Your South Carolina Lawyer

When you’re faced with a major life event, you’re filled with questions and uncertainty. Get the straight answers you’re looking for from a South Carolina attorney.

  • Page 7
  • I got charged with DUI and blew a .16. The officer told me that’s twice the legal limit. Is there any hope I can win my case?


    Yes, for four main reasons.


    • There is no “legal limit” in South Carolina. What the law actually says is that if you blow .08 or more in a DUI case, the jury may use that evidence to find you guilty. Here’s what’s important: they don’t have to. If we truly had a legal limit, the jury would have no choice. In fact, there would be no need for one. You’d be convicted right after the test. But that’s just not how it works.
    • The breath result is only one piece of evidence. A jury considers whether all the evidence proves you guilty beyond a reasonable doubt—a really high standard. The rest may point to an acquittal.
    • The machine doesn’t test for the ultimate fact DUI cases are about: impairment. Cases can be won at trial with your reading because the evidence didn’t support impairment beyond a reasonable doubt. An experienced DUI defense lawyer knows how to point out how your conduct and driving does not support a conviction—and find defenses you don’t know about, as shown in our free report on these cases.
    • The machine's not magic.  While officers can get stars in their eyes calling it a scientific wonder, it's really a glorified grocery scanner. And it might just be wrong, or even broken.

    A DUI Charge Does Not Mean Conviction

    Even if you got charged with DUAC, your case is not open and shut. The jury can find you guilty based on the reading, but you get to present evidence contesting what (if anything) that reading means.

    If you’ve been charged with DUI or DUAC and are already asking these questions, you’re headed in the right direction. If you truly felt this was a battle not worth fighting, you wouldn’t be reading this. Download or request our free report on DUI/DUAC cases revealing defenses you might not even know about. Call us at 864.582.0416 or toll-free at 888.230.1841 for a free meeting to talk about how we might help you win your case.


  • I have a pending divorce. I hear a lot about people hiring private investigators. Is this something I should consider?

    Maybe. Each case in the family court is different with different circumstances. There are many times when hiring a private investigator can have a significant impact on the outcome.

    However, a private investigator can be expensive. Sometimes a private investigator can capture some bad behavior by the other party. But if that bad behavior doesn’t help your case, what is the point? You have just spent money without strengthening your case.

    Two Areas Where an Investigator May Be Useful

    Let’s look at two areas where some of our clients have gained an advantage in the past by hiring investigators:

    Custody Cases

    A private investigator can prove one parent is living a party lifestyle, such as coming and going at all hours of the night, alcohol abuse, and drug abuse. This kind of behavior could certainly have an impact on a custody case. Or you may suspect that the other parent is exposing your children to a person who should not be around them. A private investigator may be able to prove how often your kids are in the company of this bad influence. All of these things could have an impact on a custody case.


    Adultery is one of the fault grounds South Carolina allows by which a person can get a divorce. Being able to achieve a fault ground divorce may allow you to get through the process faster. Fault ground divorces can be obtained after 90 days, while no-fault divorces take much longer. However, in practice we find that fault-based divorces often take longer than 90 days, because the spouses need a longer period to resolve the issues between them.

    One of the primary reasons people hire private investigators to look for evidence of adultery, is that adultery almost always bars the adulterer from receiving alimony. If you have alimony exposure, it is well worth it to prove adultery. Paying a private investigator several thousand dollars could save you tens—if not hundreds of thousands—of dollars over a lifetime.

    While these are some of the most common reasons people hire private investigators, there are others, such as for uncovering financial evidence. Perhaps you believe your spouse is wasting marital money at a casino. Maybe your spouse claims he can’t work, so he can’t pay as much support as you need; a private investigator may reveal that not only can he work, he is working and simply not reporting the income.

    For many reasons a private investigator may be helpful. But just as you exercise great care when you choose your lawyer, so too it’s important to be selective in hiring a private investigator. You should not be penny-wise and pound-foolish. You don’t want to try to save a thousand dollars by hiring a cut-rate private investigator, only to later find he can’t get the job done, and you’re left to pay alimony.

    If you are going through a divorce and need to discuss it with an attorney, please do not hesitate to contact the lawyers at Holland & Usry, P.A. at 864.582.0416 or toll-free at 888.230.1841 for your confidential consultation.


  • My father died from injuries in an accident after weeks in the hospital. Can anyone be held accountable for his suffering before he died?

    Yes, if someone can be proven legally liable for causing the accident leading to his death. South Carolina law allows a victim’s estate to recover for his conscious pain and suffering in a claim called a “survival action.”

    A victim need not be fully awake and alert to communicate conscious pain and suffering. But to prove the claim fully, you’ll need a sharp, experienced, and hardworking lawyer who knows how to probe medical records for clinical evidence of suffering, as well as interview witnesses who can attest to it, then present the evidence in a meaningful way to convince the insurance company or a jury to properly compensate the estate.

    As a family member, you also have rights to recover in a claim usually brought at the same time as a survival action, called a wrongful death case

    If you’re picking up the pieces from a loved one’s accidental death you think someone else is responsible for, give the burden of this claim to a professional who can ease your strain, keep you from the frustration of fighting an insurance company, and give you peace of mind your loved one’s case will be done right. Contact us to see how we can carry this burden for you. Remember, it’s your only chance to make this right.


  • I’m guilty of the crime they’re accusing me of, so why should I go to the trouble and expense of getting a lawyer?

    Because it’s wise.

    Folks charged with serious crimes need a defense lawyer who prepares to win their case no matter what, and who isn’t afraid of trial. Remember: to convict, the State has to prove you guilty beyond a reasonable doubt to a jury, who all agree. Who knows? You might have a defense available that you never considered, and an experienced lawyer can use that to your advantage.

    Seasoned criminal defense lawyers know how to help guilty people avoid a conviction by convincing prosecutors they're eligible for alternative programs like pretrial intervention or conditional discharge.

    As for what good a lawyer can do if you’re pleading guilty, you can be confident it’s the right thing to do because your lawyer—whom you trust—has left no stone unturned trying to find a winning defense. You can actually feel good about pleading guilty, knowing it’s the best possible outcome that could have been reached in this case.

    If your looking for examples of how we've helped people charged with all manner of crimes, including felonies, read some of our client stories.

    And remember in most serious criminal cases, the State has a lawyer. Pleading guilty without a lawyer is like a Super Bowl team deciding to leave its quarterback at home.

    A talented criminal defense lawyer realizes pleading guilty is not for quitters. These are some things he can do to help you:

    • He can be your buffer against the fearsome power of the government. This is your life. Be honest about two vital things: you’re emotionally involved in this case and probably have no idea what you’re doing. Confronting the State’s lawyer alone is like performing surgery on yourself, alone, in the dark, without a flashlight. Give it to a professional to get it done right.
    • He can minimize consequences. He can negotiate reduced charges that could save years off your sentence—and maybe keep you from going to prison at all, by obtaining a sentence of probation.
    • He can help you understand other consequences of a conviction, so you’re not shocked later. Many people plead guilty not knowing there are punishments beyond prison, probation, or fines. Some of the saddest cases we’ve seen are folks who just pay the fine for a driving under suspension, then come to us wide-eyed saying they had no idea their license would get suspended for even longer.
    • He can steer you to community resources to address the root cause of your crime. The justice system wants to see an accused person overcome his behavior problems by attending drug rehab, anger counseling, or similar programs. An experienced lawyer can help you find these resources to prove you’ve learned from your mistake and are determined to never let it happen again.
    • He can make a full presentation to the judge at your plea hearing to convince her to keep you out of prison. Many factors can be presented by a skilled advocate to show you’re not a hardened criminal deserving of harsh punishment. A talented defense lawyer can help you develop a defense against prison if he can’t develop a defense to win your trial.

    At Holland & Usry, we admit pride and ego push us to win…but we never forget what’s really on the line: your freedom and future. Sometimes the best way to preserve both is to take a deal. And the decision is always yours. A good lawyer helps you make the right one. If your freedom and future are in jeopardy, email us from right here to see how we can safeguard you.


  • I got hurt so bad at work my doctor decided I’ll never work again. Will my workers’ compensation benefits affect my Social Security disability benefits?

    Almost certainly, if you don’t protect yourself. You need an experienced workers’ compensation lawyer to help protect your rights.

    If you get workers’ compensation benefits, your monthly Social Security check will be reduced if the combined amount of your workers’ compensation check and your Social Security check is more than 80 percent of your pre-disability earnings.

    Know this: settling your workers’ compensation case for a lump sum—a single check for all your financial benefits—won’t help you. In fact, lump sum settlements usually cause the reduction.

    But there’s hope. An experienced workers’ compensation lawyer will know how to get the best of both worlds for you by securing your rights to a lump-sum workers’ compensation settlement and avoiding the reduction of your Social Security check. To do that, we put a clause in the workers’ compensation agreement that sets the value of the settlement as equivalent to your getting a weekly check for the rest of your expected lifespan under South Carolina law. You still get the cash settlement. The agreement just values it like you get a weekly check.

    Is this artificial? Yes. Wrong? No. The South Carolina Supreme Court states these agreements further the workers’ compensation law’s “humane objectives.”

    To keep from losing benefits you need, you’ve got to get it right the first time, and the clause must be worded very specifically. If you’re facing this issue, call us to help preserve your rights to your maximum workers’ compensation and Social Security benefits. Feel free to send us an email or live chat right where you’re sitting. Remember: it’s bad enough you can’t work. Don’t worsen it by shortchanging yourself and your family of benefits you need to survive.


  • I got rear-ended by an 18-wheeler. The trucker says he tried to stop but had bad brakes. Is anyone responsible for this?

    Yes—both the trucker and trucking company he works for may be responsible for the crash. Don’t let their insurance company representative shrug his shoulders and tell you, “Accidents happen. We couldn’t prevent it.”

    First, don't assume the 18-wheeler truck driver drove safely. He may have been distracted, speeding, or even tailgating you. 

    Second, truckers have a legal responsibility to inspect the truck to be sure it’s safe to operate, and the trucking company has an obligation to fix any defects. Truckers are required to inspect their brakes to be sure they are in working order before their trip and at the end of the day. Truckers must note broken safety equipment—like brakes—on a written report.

    Broken safety equipment must be fixed before a semi can be driven. The trucking company must certify the repairs are done on the written report. The next trucker to drive the truck must sign the report to confirm the repairs were done.

    Here, the trucker may not have properly inspected the truck or the trucking company may have chosen not to do the repairs, or did them improperly. This could mean one or both of them are legally responsible for your injuries.

    At Holland & Usry, we know an 18-wheeler accident is not your typical car accident. Because the trucking industry is highly regulated to protect the safety of innocent motorists like you, your lawyer needs a firm grasp of all the safety rules involved in your case and how to take advantage of them to help you. Handling a trucking accident case requires extensive knowledge of those safety regulations to help prove how violations caused your injury.

    Truckers and trucking companies are also required to maintain a wealth of information that can help your case…if you have an experienced lawyer who knows how to get those records and use them. Truck crash injuries are often far more severe than those from other traffic accidents, so it may require examining thousands of pages of medical records and familiarity with complex medical terms and procedures to develop a convincing case about the extent of your injuries.

    If you or someone you love has been hurt or worse in an 18-wheeler crash in Spartanburg, Greenville, Gaffney, Union, or anywhere in South Carolina, call us for a free meeting to discuss how we can help get you compensated for the harm done. To get a feel for some basic issues in your case, check out our free report on traffic accident cases, which includes a chapter on trucking. Truckers and trucking companies sometimes choose to gamble with lives and safety, and we must not let this recklessness go unchallenged. Feel free to send us an email or live chat right from where you’re sitting.


  • Can I get criminal charges removed from my record?

    Possibly. South Carolina law allows criminal charges to be removed from your record under certain circumstances. The process of removing the charges from your record—and destroying all evidence of them in the public record—is called expungement.

    We’ll explore more specific examples of expungement in different situations in other articles in our website, but the following are generally eligible for expungement:

    • Charges that get dismissed or result in acquittal at trial. But be careful: charges dismissed as part of a plea bargain might not qualify.
    • Certain first offense convictions carrying a penalty of up to 30 days in jail or a $1000 fine or both. Qualifying convictions include check fraud, criminal domestic violence, and simple possession of marijuana. But not DUI- another reason to fight that charge.
    • A conviction where you got sentenced under the Youthful Offender Act (YOA). YOA is open only to offenders under age 25, and only for certain offenses.
    • First offense failure to stop for a blue light.
    • Diversion programs. This includes pretrial intervention (PTI), alcohol education program (AEP), traffic education program (TEP), and conditional discharges, which can be available for some  drug charges and criminal domestic violence.
    • Certain juvenile convictions. Many, but not all, juvenile convictions in family court offer the chance to expunge your record.

    The easiest way to qualify for expungement is to win your case by dismissal or acquittal at trial. The next easiest is to qualify for a diversion program, like PTI. If you have multiple charges and might need to make a plea bargain, your expungement options should be considered. This complicates your case.

    The best way to give yourself the best shot at expungement is to hire an experienced criminal defense lawyer who knows the expungement law and can work to get you qualified even if you plead guilty or get convicted. As with any court process, expungement requires sending a proposed order to the proper authorities to get the necessary approvals to get your record erased. An experienced criminal defense lawyer can help you make sure you get it done right and fast.

    But the most important reason to hire a skilled criminal defense lawyer is to win your case…because you might not be guilty.

    At Holland & Usry, we work to win and if we can’t, we work to make sure our clients suffer as little punishment as possible—with the hope they can qualify for expungement in the future. If you’ve been charged with a crime and wonder if you’ll ever get it off your record, call us at 864.582.0416 or toll free at 888.230.1841 for a free meeting to discuss your defenses and your expungement options.


  • I was recently pulled over and arrested. The police searched my car. Can they do that?

    Sometimes. When a police officer makes a lawful arrest of an occupant or the occupants of an automobile he may, at the same time of the arrest, search passenger compartments of the vehicle. He may also examine the contents of any container (such as a purse, backpack, or briefcase) found within the passenger compartment. But the police may do this only if the occupant who was arrested is within reaching distance of a passenger compartment at the time of the search, or it is reasonable to believe the vehicle contains evidence of the offense of arrest. Otherwise, the search may be unreasonable.

    If the search is unreasonable, it is a violation of your Fourth Amendment right to protection against unreasonable search and seizures. Thus, any evidence obtained during the unreasonable search should be excluded from your trial, meaning that evidence can’t be used against you. The suppression of evidence often leads to a dismissal of charges or a not guilty verdict.

    For example, consider a person who is arrested for driving under suspension. He is handcuffed and locked in a patrol car. At that point, he does not have access to his car to retrieve weapons or evidence any longer. Generally speaking, this would make any subsequent search of the automobile invalid. So, if this person was arrested and locked in a patrol car, and if the police search the pocket of a jacket on the back seat and find cocaine, the possession of such cocaine would be inadmissible in a trial, and thus the defendant would not be found guilty of possession of cocaine.

    If you have been charged with a crime and searched and evidence was seized, the search may have been unlawful. If the search was unreasonable, an experienced criminal defense attorney may be able to exclude that evidence from being used against you. This is helpful in reaching a dismissal, a not-guilty verdict, or a favorable plea bargain. If you wish to discuss your case with a criminal defense attorney, please do not hesitate to contact the lawyers of Holland & Usry, P.A. at 864.582.0416 or toll-free at 888.230.1841 for your FREE confidential consultation.


  • I’m out of work on workers’ comp, but the insurance company has refused to pay me a weekly check for over a month. Is there anything I can do?

    Yes. You should probably contact a lawyer to discuss requesting a hearing to get your check. It’s bad enough you’re hurt, and it’s worse the insurance company doesn’t care whether you have money to eat and keep a roof over your head.

    The insurance company can stop paying workers’ comp weekly checks under only limited situations, discussed in a link below. If the refusal to pay your weekly check is unjustified, the insurance company is required to pay what it owes you plus a 25 percent penalty on that amount. So if you prove the insurance company owes you $1,000 in weekly checks, and that refusal is unjustified, the insurance company will owe you an additional $250, for a total of $1,250.

    Unfortunately, delay in getting your comp check is a regular part of most workers’ comp cases. If your checks get behind a week or two, it’s probably due to an administrative oversight or even the mail being slow. You should just keep careful track of your communications with your employer’s workers’ comp insurance carrier to make sure you get your check and give the insurer a chance to make good on a mistake. But for longstanding, outright refusals to pay, you should take action. You have legally enforceable rights and the insurance company cannot ignore you.

    We’ve handled cases like this and know how desperate things can get when you don’t get a weekly check for a long time—homes can be lost and families can fall into despair. If you’re having this kind of trouble getting your check or if you’re just worried about dealing with the insurance company in any way, check out the other links on our site for free pointers and always feel free to call us at 864.582.0416 or toll-free at 888.230.1841 for a free meeting to discuss your case.


  • Can a bar be held responsible if it over-serves an intoxicated person who, after leaving the bar, causes a drunk driving accident injuring another?

    Yes. It is possible to hold a bar responsible when its staff over-serves individuals who go on to drive and hurt others.

    South Carolina law prohibits a person or establishment licensed to sell alcohol from selling alcoholic beverages to persons in an intoxicated condition. If you prove that this occurred and you were injured by the over-served person, then the establishment or restaurant is negligent per se, or negligent by law.

    This does two things: it proves negligence on the part of the establishment and it allows the you to seek punitive damages. Also, because South Carolina law treats conduct involving the use, sale, or possession of alcohol differently from other claims; if a jury attributes any fault to the restaurant or establishment, you may recover the entire award from them even if the jury finds the driver more at fault. This also means that the injured person may recover the entire amount awarded against the driver as well, if the jury finds the establishment more at fault. The reason this matters is because if the restaurant or bar has more insurance coverage than the driver or vice versa, you have a greater chance of recovering.

    South Carolina refers to this as dram shop liability. An experienced law firm can help victims of drunk driving—whether a bar or restaurant contributed to the accident or not—be compensated for their injuries and losses.

    If you or a loved one have been injured or you have lost a loved one due to a drunk driver, please contact the lawyers at Holland & Usry at 864.582.0416 or toll free at 888.230.1841 for your FREE, confidential consultation. For more information on injury cases download our free report.


Live Chat