South Carolina Traffic Tickets Questions & Answers

Q: Can you be charged with habitual traffic offender if your not operating a motor vehicle

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Answered on Jul 26, 2018
Stephen Grooms' answer
The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice precedent for an attorney to work with. You should contact a local criminal defense attorney to have them look into the case law to see how the courts have treated cases with your fact pattern. There may be an attorney...

Q: My daughter was stopped for busted headlight on passenger side but it still works and it was 5pm daylight hours

1 Answer | Asked in Personal Injury and Traffic Tickets for South Carolina on
Answered on Jan 28, 2018
Carole Jean Hayes' answer
Wow. It is faulty equipment; however, that's really odd that one would get pulled over for that alone. I have little doubt that if you go to the hearing, it will get significantly decreased or dropped based upon the fact it was day light.

Q: Accident after seizure

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Dec 12, 2017
Peter Munsing's answer
A seizure would be a "sudden emergency" which would let him off the hook for a civil case. As you have pointed out, in the citation that may stir up more dust than it's worth. Note that some state say doctors have to notify the state, in which case what you do in traffic court won't matter.

Q: If driving and clip a car Am I required to stop in my lane and provide assistance or can I pull over to the side first?

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Dec 4, 2017
Peter Munsing's answer
you would want to pull over--you can't stop on the interstate.

Q: I crashed my car into a tree 7 days ago and went to jail. I have not received any notification as to where it is.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Aug 14, 2017
William Head's answer
Call the police department that arrested you. They MUST know where the vehicle was towed. Go get it, and limit your storage fees. State laws allow a tow company to SELL your vehicle, if not picked up within a certain number of days.

Q: Do I get charged a fine if there's no monetary amount on the citation?

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Aug 8, 2017
Allison Brandt Blackwelder's answer
Yes. There are standard fines that each court associates with charges listed on a citation. In some courts, there is not even a standard location to write a fine amount on a citation, so there is an implicit understanding when any ticket is written.

The bottom line is that you are going to have to pay a fine if/when you plead guilty to the ticket or if a judge finds you guilty.

You may be able to fight your citation or make arrangements for a more favorable resolution if...

Q: Do you think the judge will side with me?

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for South Carolina on
Answered on Aug 6, 2017
Peter Munsing's answer
Time to get a lawyer who handles tickets at the court you are headed to. Assume they had you going too fast.

Not a time to do it yourself.

Q: Need help with a citing situation.

1 Answer | Asked in Traffic Tickets and Car Accidents for South Carolina on
Answered on Jul 6, 2017
Peter Munsing's answer
There's going to be an argument. Plead not guilty. Contact a member of the SC Assn for Justice as you may have an injury claim. Give no statements to any insurance--tell yours you are fighting the citation and don't want to give a statement until you speak with your lawyer. Get a hold of the police report. Get photos of both cars. Tell your company you don't think you are at fault.

Q: Should I just pay my ticket and risk it following me back to my state?

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on May 23, 2017
Amanda Bowden Houser's answer
You should do neither. You should hire a local traffic attorney to resolve this for you.

Q: Can I get pulled over for a seatbelt but before he got to my window I had it on ? He said he pulled me over for it

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Mar 14, 2017
Allison Brandt Blackwelder's answer
Yes, that is allowed and standard operating procedure for officers.

Q: Do you have to slow down or stop when making a left turn from the middle/yellow lane, if the oncoming cars are far away?

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Mar 11, 2017
Peter Munsing's answer
You need to read your rules of the road. In most states you pull up to the line, stop, then go. If they are far away, nothing happened, right? If something happened they weren't that far away, right? If yoiu got a ticket read your statute.Very closely.

Q: I got pulled over for going under a red light when I had enough time. He gave me two tickets and I have court.

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Mar 4, 2017
Allison Brandt Blackwelder's answer
Traffic citations can have consequences beyond court dates and fines. An experienced traffic attorney can look at you citations and let you know what options may be available to make things better. Call one today to make sure you take advantage of all of your options.

Q: I got a ticket 5 years ago for a expired licence and I didn't pay it what do I need to do to go get my licence back.

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Feb 11, 2017
Allison Brandt Blackwelder's answer
Your first step is contacting the court that handled your case five years ago and paying that fine or serving whatever sentence was ordered. If you have no other license issues, proof that you handled the old charge may be enough for the DMV to allow you to get your license back.

If you are unsure about your old case or if you have other traffic issues, it is a good idea to hire an experienced traffic attorney to help you.

Good luck!

Q: I was charged with reckless driving in SC. The road was wet and when I pulled out my tires spun. I was also arrested.

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Jan 10, 2017
Allison Brandt Blackwelder's answer
Bottom line: Contact an attorney to see what options might be available to you and your specific set of circumstances prior to your court date.

Reckless Driving is a serious traffic offense and can lead to issues with license suspension, insurance premium increases, and other employment-related issues if you are convicted. Reckless driving is an arrestable offense, but the officer had the choice to take you to jail (they could have given you a citation in lieu of arrest). This tells...

Q: Do law enforcement officers have impunity to laws against texting and driving or destracted driving?

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Oct 30, 2016
Peter Munsing's answer
Kinda sorta, unless they cause a wreck. They also are known to exceed the speed limit.

Q: Can a 15-16 year old go to juby for leaving a cine, & no divers license?

1 Answer | Asked in Traffic Tickets, Car Accidents and Juvenile Law for South Carolina on
Answered on Sep 30, 2016
Peter Munsing's answer
Only if there was major damage or serious injury.However a lot depends on the charges.The juvenile needs to talk to a lawyer who handles tickets.

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