I was pulled for rolling through a stop sign. The officer has quit.
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... View More 
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
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... View More
I was convicted of cdv first offense in 2012. In 2022 I was arrested but not convicted of a felony. I went trough pti and had it expunged. In between that time I had a traffic court charge removed. Can I have multiple charges expunged off of my record?
answered on Jun 20, 2023
Multiple charges can be expunged depending on the charge(s). A person is allowed to apply for an expungement of their record more than once.
answered on May 24, 2023
There are attorneys that specialize in handling traffic defense in every state, you should look for one on Justia or google one in your local area. Don't miss your court date, and be aware that it probably says "on or before" so you could go to the Courthouse to see about your... View More
I have taken the tint off. Will they dismiss the case? Should I hire a lawyer or just show up?
answered on Jan 6, 2023
Retaining a lawyer can ensure that your rights are protected, the State has enough evidence to proceed with your case, and that the law has been followed. South Carolina does have specific percentages of window tint that are legal.
I am a 20yo male I got pulled over and charged with 63-19-2450, I also attend college.
answered on Jan 6, 2023
A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.
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.
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.
Only 2nd traffic violation, 1st being a speeding ticket
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... View More
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
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)
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.
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.... View More
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... View More
Do I have to appear if I pay it online
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... View More
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... View More
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... View More
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... View More
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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
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