Traffic Accident With Fatality
When you are involved in a traffic accident that results in a fatality, charges may range from Reckless Driving to Vehicular Manslaughter and Reckless Homicide. An experienced criminal defense attorney knows how to minimize these traffic charges and consequences. The criminal defense attorneys at Bannister, Wyatt & Stalvey, LLC help you form your best defense against changes related to reckless driving or vehicular manslaughter, and also understand how to protect you in the future from further, and often more serious, charges.
What you need to know:
Traffic accidents resulting in a death carry serious consequences. While not all traffic-related deaths carry a charge or conviction, reckless homicide charges can be filed in situations where the driver at fault:
- Fell asleep behind the wheel
- Failed to slow down in a construction zone
- Drove in an erratic or aggressive manner
- Was or is suspected of driving at excessive speeding or racing
- Is suspected of DUI (meaning there is not sufficient evidence to charge the driver with felony DUI)
If convicted, those charged of Reckless Homicide, also known as vehicular manslaughter, face fines between $1,000 and $5,000, imprisonment for up to ten years and/or suspension of license for up to five years.
It is important to note that if you are charged with Reckless Driving as a result of an injury you inflicted on another, you can still be charged with Reckless Homicide if that person dies as a result of the injury. According to South Carolina state law, this charge can occur up to three years after the car accident; however, the US Constitution bars double jeopardy, or being tried for the same crime twice. An experience criminal defense attorney may be able to protect you from a reckless homicide charge depending on your situation.
If you are facing any charges dealing with reckless driving, reckless homicide or vehicular manslaughter, it is important to consult an experienced attorney. During an initial consultation, Bannister, Wyatt & Stalvey’s legal team will assess the strengths and weakness of your case and create a defense plan for current, and potentially future, charges. No two situations are alike, which is why we recommend a personal review of your case. Call our office at (864) 298-0084 to request an appointment here.
Criminal Defense Attorneys
A managing partner of Bannister, Wyatt & Stalvey, James W. Bannister graduated from the University of South Carolina honors program in 1992 as a Phi Beta Kappa. He received his law degree from the University of South Carolina School of Law in 1995, after which he served for two years as clerk to US Federal Judge Henry M. Herlong. Since then, he has been with Bannister, Wyatt & Stalvey.
Mr. Bannister is a member of the South Carolina Bar, Federal Bar Association, National Association of Criminal Defense Lawyers, South Carolina Criminal Defense Lawyers Association and National Board of Trial Advocacy. Mr. Bannister has been honored among Greenville’s Legal Elite for criminal defense each year the award has been offered.
In 2007, Mr. Bannister earned his Criminal Trial Advocacy Certification from the National Board of Trial Advocacy. He has tried numerous felony cases in both Federal and State Courts, and holds notable experience in cases involving Drugs and Narcotics, RICO, Internet Crimes, White Collar Crime, Security Fraud, Tax Evasion, Murder, Criminal Sexual Conduct, Criminal Domestic Violence, and DUI.
On a national level, Mr. Bannister has been listed in Best Lawyers in America since 2008 for Criminal Defense and DUI Defense. He has also been included in South Carolina’s Super Lawyers for criminal defense since 2011. In 2016, Mr. Bannister became one of only three members of the South Carolina Bar to be named as a fellow to the American Board of Criminal Defense Lawyers.
In addition to his private practice, Mr. Bannister serves on the Board of Governors for the South Carolina Bar and was recently elected as Commissioner for Greenville Water. Mr. Bannister formerly served on two criminal law task forces, as appointed by the South Carolina Supreme Court, and as a Commissioner on the Commission on Indigent Defense, a commission appointed by Governor Haley.
Oscar W. Bannister, Jr. (Bill) founded Bannister, Wyatt & Stalvey along with John F. Wyatt in 2000. Mr. Bannister graduated from the Citadel in 1962 with a Bachelor of Arts degree in History. From 1962-1965, Mr. Bannister served as an officer in the U.S. Army. He attended law school at the University of South Carolina, where he received his J.D. in 1969. Mr. Bannister was admitted to the South Carolina bar, the U.S. District Court and the Fourth Circuit Court of Appeals in 1969.
Mr. Bannister served as an assistant U.S. Attorney from 1970-1974. With over 35 years of experience in the courtroom, Mr. Bannister provides counsel and advice in the areas of Criminal Law and Family Law. He has successfully tried cases throughout South Carolina, earning a listing in Best Lawyers of America for the past 24 years (1991-2014) for his work in DUI/DWI defense as well as white and non-white collar criminal defense.
With a high degree of professionalism, Mr. Bannister has tried cases focusing on White Collar Crime, Criminal Taxation, Civil Practice, Divorce, Fire Loss, Litigation, RICO, Internet Crimes, Drugs and Narcotics, Tax Evasion, Tax Fraud and Criminal Tax Audits.
Born in Union, S.C., Mr. Bannister is a member of the Greenville County and Federal Bar Associations, the South Carolina Bar, the South Carolina Trial Lawyers Association, the South Carolina Association of Criminal Defense Lawyers and the Association of Trial Lawyers of America. He is also LexisNexis Martindale-Hubbell Peer Review Rated.
Alex Stalvey, a managing partner for Bannister, Wyatt & Stalvey, served as a prosecutor in Spartanburg and Greenville counties prior to joining the firm in 2009. He currently practices Criminal Defense, Divorce and Personal Injury within the firm.
In 2010, Mr. Stalvey was elected by members of the Greenville County Bar to serve as circuit representative on the Board of the S.C. Association for Justice. The following year, he was nominated to represent the Thirteenth Circuit on the Board of the S.C. Association of Criminal Defense Lawyers.
Mr. Stalvey is a member of numerous professional organizations including the National College of DUI Defense, the Greenville Association of Criminal Defense Attorneys and the National Association of Criminal Defense Lawyers. Based on his extensive experience in the courtroom, Alex achieved Criminal Trial Advocacy Certification from the National Board of Trial Advocacy in 2014. He has represented clients as lead trial counsel on various cases including, Murder, Criminal Sexual Conduct with a Minor, Burglary and DUI.
Alex speaks regularly on criminal defense strategies and has given presentations to local and statewide conferences on South Carolina’s “Stand Your Ground” law (also known as the Castle Doctrine). He has also participated in the Continuing Legal Education Seminar on Criminal Defense, where he presented on cross-examination and voir dire. In addition, Alex has published articles on criminal law in several publications including South Carolina Lawyer and the Justice Bulletin.
As an associate at Bannister, Wyatt & Stalvey, Marcelo Torricos’ main areas of practice are in Criminal Defense and Family Law.
Mr. Torricos received his Bachelor’s Degree with Honors from Clemson University in 2009. While at Clemson University, Mr. Torricos was a proud member of the Sigma Alpha Lambda Honors Fraternity. After graduating from Clemson University and during law school, Mr. Torricos clerked for the 7th Circuit Solicitor’s Office in Spartanburg, SC and for the United States District Attorney’s Office here in Greenville, SC.
In 2012, Mr. Torricos served as a Summer Law Clerk to the Honorable J. Michelle Childs of the Federal District Court for the District of South Carolina. A year later, in 2013, Mr. Torricos graduated from the John Marshall School of Law in Atlanta, GA and became a member of the South Carolina Bar. While in law school, he was the Vice-Chairman of the Board and member of the John Marshall Mock Trial Team.
Upon graduation from law school, Mr. Torricos served as the Law Clerk to the Honorable Robin B. Stilwell of the 13th Judicial Circuit in Greenville, SC.