If you have been the victim of a drunk driving crash:
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Take color photographs of the car.
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Take photographs of the injured victim.
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Keep an accurate record of expenses.
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Keep a log of telephone conversations or meetings.
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Keep a notebook of all paperwork connected with the crash.
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Obtain as much factual information as possible about the crash to share with the Solicitor who will be prosecuting the case.
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Obtain copies of the "SC Traffic Collision Report."
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Obtain notarized witness statements when possible.
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Upon receipt of the "SC Victim Impact Statement" form, complete it and return it to the Solicitor's Victim Advocate immediately
Victim's Impact Statement
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The Victim Impact Statement is written and/or oral. It allows the victim to provide information for the judge's consideration at sentencing. It allows the victim to show the pain, anguish, and financial devastation this crash has caused.
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The judge really does not know how truly affected the victim is unless the victim speaks up.
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When you give your Victim Impact Statement, you may choose to be very brief - or you may decide to talk at length. You may have other family members join you in the Victim Impact Statement.
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The Victim Impact Statement is the ONLY TIME that you will have to address the one person -- the judge -- who can decide the fate of the defendant. It is YOUR TIME -- USE IT.
Elements of a good Victim Impact Statement:
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3-5 minutes oral reading time
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No repetition of "evidence" already presented
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Highlights of who the victim was, his/her dreams and accomplishments, and what the death or injury has meant to surviving loved ones.
Some items to consider when deciding what to say:
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The physical injuries suffered (go into detail).
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The medical treatment required for the injuries (go into detail).
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The prognosis for further medical treatment (sugery, therapy, etc.).
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The psychological injuries suffered (go into detail).
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The psychological treatment required (go into detail).
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The prognosis for further psychological treatment.
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Amount of time lost from work.
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The affect on your lifestyle (having to start school all over again, giving up sports, having to be driven around by others, etc.).
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The affect on your family's lifestyle (having to quit a job in order to give you full time care, having to transport you because you are not able to drive yourself, etc.).
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Lingering pain, anxiety, anguish, and nightmares.
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Tell what it is like to get a phone call in the middle of the night, rush to the hospital and not know if your loved one will still be alive when you reach him/her.
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Tell what it is like to explain a death to younger siblings still alive, to the children left behind, or other family members.
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Show a photo album of the victim in happier family times.
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Show examples of the victim's life accomplishments, hopes and dreams; awards won, artwork produced, pictures of the things he/she enjoyed building, etc.
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Tell how you feel about the criminal justice system and how it treats people who drink and drive and then cause death and injury.
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What do you suggest regarding the sentencing of the defendant? It is good to bring up any desires you may have for this person to receive alcohol and/or drug abuse counseling and to have his right to drive taken away. In addition, you may want to consider urging jail or prison time, a heavy fine to be paid to the state, and restitution for you and your family. Showing concern for public safety, should this person be let go, is always a good idea. Showing concern for how the community will respond to this sentence, and how other drivers, particularly young people, will react to a tougher sentence, is always a good idea.
Traffic Collison Report
Obtain a copy of the "South Carolina Traffic Collison Report." This report may not be available for two weeks while it goes through the "Certification" process. Once the report is "Certified," it is the legal document used in court. Be sure the information on the form is accurate.
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Does the description and the drawn picture accurately describe the incident?
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Is the BAC (Blood Alcohol Concentration) reported?
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Does the report state other citations (tickets) were actually written for each violation? (In one crash, there can be several violations in addition to the DUI violation, such as: Speeding, Running a Red Light, Open Container, Hit and Run, Suspended License, etc.)
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Are all witnesses listed on the report?
*If any information is inaccurate, or has been omitted, contact the officer who signed the report immediatley.
Talk With The Officer Who Signed The "Traffic Collison Report"
Talk with the officer who investigated the crash and signed the South Carolina Traffic Collision Report. When you reach the officer, whether by telephone or in person, exchange facts and information.
IF ANY INFORMATION ON THE TRAFFIC COLLISION REPORT IS INACCURATE OR HAS BEEN OMITTED, REQUEST THAT A "SUPPLEMENTAL REPORT" BE FILED IMMEDIATELY.
Share with the officer any other facts about the case that could possibly be noted on a Supplemental Report.
Respond to the "We Care" card sent to you by MADD's State Victim Service Coordinator, Beth Lunceford, or call her at (803) 748-7333 or (800) 543-8692.
Meet With Your Solictior's Victim Advocate
Each Solictior has a Victim Advocate. It will take several weeks for the case to reach the Solictor's office. When the solictor receives your case, the Solicitor's Victim Advocate will contact you. The Victim Advocate is there to support you and provide full information on your case during the judicial process. You will have many questions during this period and the Victim Advocate is the person to call.
The Solictor's Victim Adovaocate provides you with the "Victim Impact Statement" form and the "State Victim Compensation Fund" form.
Meet With Your Solicitor
Although you are the victim, the Solicitor is not your lawyer and does not represent you in this case. According to our judical system, the "crime" was against the "State of South Carolina," not you, the victim. This is why the case will be named, "State vs. (offender's name) ."