Little River, SC asked in Criminal Law and DUI / DWI for South Carolina

Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car went into a ditch on the property as I cannot see well- no lighting in parking lot.Thank you.

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1 Lawyer Answer
Casey Brown
Casey Brown
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an attorney about your case.

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