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South Carolina Traffic Tickets Questions & Answers
0 Answers | Asked in Traffic Tickets and Car Accidents for South Carolina on
Q: Does issuing a citation after the date of the incident require an arrest warrant to be issued in South Carolina?

My father was involved in a car accident where the final report was delayed to obtain video footage to determine fault. When it came back, he was listed as at fault because he allegedly ran a red light. My father says he crossed the line on yellow, and the oncoming driver ran their red. They were... Read more »

0 Answers | Asked in Traffic Tickets and Civil Rights for South Carolina on
Q: I was stopped for speeding. Cruise was set @34. Officer said I did 43. Insurance beacon proves I was @33. Suefordamages?

Would I have a case to sue for damages? I'm trying to get it dropped right now as I've contacted the PD and showed them my proof. Just trying save us all the time and cost of a trial. If not dropped I plan to request a jury trial. I'm just wondering if I have a case to sue them... Read more »

0 Answers | Asked in DUI / DWI, Traffic Tickets and Municipal Law for South Carolina on
Q: Hello, I am seeking advice on how to obtain my SCDL back after being permanently revoked. My 7 years ends in Jan. 2023.

I am currently enrolled in ASDAP. It will be completed on Jan. 4, 2023. The DMV notification states that I can petition the court pursuant to Section 56-1-385 of the SC Law.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: If the officer who gave me a traffic ticket quits before the trial date can they send a different officer to prosecute?

I was pulled for rolling through a stop sign. The officer has quit.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 9, 2022

The State/prosecution must prove its case with competent evidence ---in this case, it must prove via testimony that you are the one who committed a traffic infraction. Unless the different officer can testify to this, then the different officer does not provide any help. That said, the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Hello, I was recently pulled over and charged with dus 3rd offense. My ticket says $2000, but I thought max was $1,000?
James Thomas
James Thomas
answered on Sep 3, 2022

The max fine is $1000, but court costs and surcharges often double the amount of the fine. And be careful, because for a third offense jail time is definitely a possibility too.

1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for South Carolina on
Q: Every charge is assigned a dollar amount for bond, how do I find out what assigned amount is for legal cases
Tim Akpinar
Tim Akpinar
answered on Feb 25, 2022

Admiralty/Maritime is included here, but a maritime connection is not clear, unless you mean a bond in connection with a proceeding for a ship or boat involving exoneration or limitation of liability. If this does not involve a vessel, it could be something closer to the criminal law section than... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: What are fines and penalties for 56-5-2120 in South Carolina?
Ryan D Templeton
Ryan D Templeton
answered on Feb 13, 2022

For most traffic offenses if the penalty is not provided for in that particular section you go to the general penalty section of Title 65 Chapter 5 which provides a $100 fine or up to 30 days in jail. This is the fine prior to assessments and court costs. I have attached the general penalty statute... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Speeding ticket 21mph over on I-95 near Manning SC

Hi. I have a question and hopefully someone can help me with good answers. I got speeding ticket in SC ( 21 mph over on I-95 with my car) and that was on December 7. December 8 I called attorney in SC because i am from NYC an attorney said we will put ticket on jury trial. My first court was on... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Jan 15, 2022

Depending on the municipality or county where the ticket was written it could be many months before you get a new court date now that your case has been moved to the Jury trial docket.

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Why am I receiving a court summons for a ticket I've already paid?

I got a ticket in June 2021 for driving "10mph or less", paid the fine, but am now receiving a court summons for Dec 2021 for this same offense. I don't understand the timing, nor the reasoning for such an escalation in action. Since the incident, I have taken a defensive driving... Read more »

Stephen Grooms
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Stephen Grooms
answered on Nov 15, 2021

If you received a ticket and paid the fine then generally you are not required to attend Court. When you pay the requested fine then you are essentially pleading guilty to the offense. I would contact the Clerk of Court for the court in which you received the notice and find out the status of your... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Should this still be on my record as a misdemeanor?

I went to apply for an apartment recently and was denied due to a misdemeanor on my background check. This came as a shock to me. They informed me that it was "carless operation," and then I remembered. In the beginning of 2018 I accidentally ran a red light in a town that I had never... Read more »

Stephen Grooms
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Stephen Grooms
answered on Oct 18, 2021

When you pay a fine that is essentially pleading no contest, which has the same result as a guilty plea for purposes of your driving and criminal record. So unfortunately the answer is yes, this traffic citation should have been on your driving record.

The expungement process generally...
Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I had Court at 9 and overslept for traffic court how long do i have To pay my fine before a bench warrant is issued
Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

Usually until 10:30. You should go to court as soon as possible to make an appearance on the ticket and ask for the warrant to be recalled.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: What is the fine for 1st offense Section 56-3-1360 traffic violation

Only 2nd traffic violation, 1st being a speeding ticket

Ryan D Templeton
Ryan D Templeton
answered on Sep 13, 2021

That statute does not provide for a penalty so you have to go to:

SECTION 56-3-2520. Penalties.

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Unless...
Read more »

Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown
answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: How come none of the attorneys answer any questions? This is ridiculous!
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on May 11, 2021

Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.

We wish you well with your Florida legal matter.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: The log in to pay ticket fine on website listed on ticket, no information of my son nor the ticket number is showing up

Officer lowered ticket to 10 mph or less. Ticket states court date time and address however Area of ticket for officer to mark “appear in court? Y or N?” Officer left blank. And we cannot find any information on the back of the ticket as to whether or not this is a mandatory court date.... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Apr 6, 2021

If he is only charged with speeding he can just pay the ticket and not show up for court. At that time the "bond" (what he paid) with be forfeited and the case will be over. That being said, depending on what state he has his license in the points for the ticket can transfer back and show... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a speeding ticket I was told by the officer I was not required to go to court but I was summoned to go

Do I have to appear if I pay it online

Ryan D Templeton
Ryan D Templeton
answered on Mar 19, 2021

If you pay the ticket before the court date you are not required to appear. That being said, they will accept the payment of the ticket (bond) and adjudicate you guilty and send that to the DMV to assess points on your license. It might be worth speaking with an attorney in that area that would be... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a ticket for 20 over, speed isn't posted. Court continued due to COVID until TBD.

I haven't had a ticket in 15 years. I was heading to work. Passed a car moving slowly ( I thought 15 under apparently they were 10 under). When I passed the individual I must not have decreased speed. Not justifying my actions as correct, but I was distracted due to a work situation. The... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Jan 26, 2021

Depending on what agency wrote the ticket you can reach out to that agency directly. It it was the Sc Highway Patrol you cal also reach out to the officer’s post to leave a message for a call back. The posts and numbers are listed on the Highway patrol’s website. The other alternative would be... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: No bond was listed on a ticket for mask violation. Is the ticket valid without a bond listed?

I was issued a ticket for not wearing a mask outside in Charleston, SC. There are no signs or warnings anywhere to let tourists know masks are required OUTSIDE. The officer did not write the bond amount on the ticket. I live out of state, and was in Charleston for less than 24 hours. I am not... Read more »

John W. Molony
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John W. Molony PRO label
answered on Jan 22, 2021

I practice in Charleston, SC & would be happy to happy to discuss this with you.

Please feel free to call me at 843-762-5732 to discuss this in greater detail.

Thanks,

John Molony

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Do I have to show up for speeding ticket in South Carolina?
Ryan D Templeton
Ryan D Templeton
answered on Jan 7, 2021

The ticket will say if attendance in court is required or if you can just pay the ticket.

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