Q: So if I have had no driving violations in almost 7 years, but am permanently revoked, can my charges be changed at court
I was not charged with anything other than a first DUS, non DUI related, but am apprehensive that a magistrate could pull my record and bump it up to General Sessions and a lot more problems can occur... I'm just having a hard time understanding the law on this....So it would be helpful to know if that's possible so that I can decide how to proceed forward. Thank you for any clarification you can offer.
A: SC State law SECTION 56-1-460 provides:
Penalties for driving while license cancelled, suspended or revoked; route restricted license.
(A)(1) Except as provided in item (2), a person who drives a motor vehicle on a public highway of this State when the person's license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:
(a) for a first offense, fined three hundred dollars or imprisoned for up to thirty days, or both;
(b) for a second offense, fined six hundred dollars or imprisoned for up to sixty consecutive days, or both; and
(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. For purposes of this item, a person sentenced to confinement pursuant to the Home Detention Act is required to pay for the cost of such confinement.
(d) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, an offense punishable under this item may be tried in magistrates or municipal court.
Therefore, as long as you are in fact suspended (and it is not for DUI) the maximum penalty is $1000.00 & up to 90 days in jail. This is a case that can be tried in Magistrate Court.
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