Charlotte, NC asked in Traffic Tickets for South Carolina

Q: Does a 3rd offense driving under suspension, non-dui related, carry an automatic jail time?

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1 Lawyer Answer
William James LaLima
William James LaLima
  • Criminal Law Lawyer
  • West Columbia, SC
  • Licensed in South Carolina

A: Yes. 90 days in jail (or house arrest) It is mandatory. I *have* persuaded the arresting officer to rewrite a DUS 3rd ticket to a DUS 2nd offense ... It saves the 90 days in jail, BUT the DOT will still punish you as if it is a DUS 3rd.

56-1-460(A)(2) ...

(c) for a third or subsequent offense, fined one thousand dollars, and imprisoned for up to ninety days or confined to a person's place of residence pursuant to the Home Detention Act for up to ninety days. No portion of a term of imprisonment or confinement under home detention may be suspended by the trial judge except when the court is suspending a term of imprisonment upon successful completion of the terms and conditions of confinement under home detention.

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