Lawyers, Answer Questions  & Get Points Log In
South Carolina Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Is it illegal to park facing traffic in sc
Ryan D Templeton
Ryan D Templeton
answered on Aug 6, 2019

Yes, SC Code Section SECTION 56-5-2560 provides:

Parking at right-hand curb not more than 18 inches from curb.

Except as otherwise provided in Sections 56-5-2540 and 56-5-2550, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or...
View More

1 Answer | Asked in Traffic Tickets for South Carolina on
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... View More

Ryan D Templeton
Ryan D Templeton
answered on Aug 6, 2019

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...
View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Is a verbal warning required or just an option, before giving a citation for parking in a fire lane?
Ryan D Templeton
Ryan D Templeton
answered on Aug 6, 2019

It is within the officers discretion to give a warning or write a ticket.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: May the fine listed in SC ST law 56-5-1520 (G) be exceeded when issued a traffic ticket?

The amount listed is actually in a box titled “Bond amount requested”

This may be the reason the amount is higher than the law allows?

Ryan D Templeton
Ryan D Templeton
answered on Aug 6, 2019

Likely the officer listed the maximum fine amount including court costs and fees which are assessed on top of the fine amount listed under 56-5-1520.

The fine amount can not exceed the statutory penalty but court costs and assessments can increase that amount.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Does a 3rd offense driving under suspension, non-dui related, carry an automatic jail time?
William James LaLima
William James LaLima
answered on Apr 17, 2019

Yes. 90 days in jail (or house arrest) It is mandatory. I *have* persuaded the arresting officer to rewrite a DUS 3rd ticket to a DUS 2nd offense ... It saves the 90 days in jail, BUT the DOT will still punish you as if it is a DUS 3rd.

56-1-460(A)(2) ...

(c) for a third or...
View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I was stopped the other day by two local officers while leaving the pharmacy. Officer stated I was speeding and ran.

When I approached my vehicle after leaving the pharmacy, 2 officers pulled up to my car with sirens on. The officer got out and approached me saying that i had been speeding and ran from him. He issued me 4 tickets totaling $1575 and towed my vehicle. I printed off my time sheet that shows I clock... View More

John W. Molony
PREMIUM
John W. Molony pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2019

Contact a South Carolina criminal defense lawyer as soon as you possibly can, so that they can thoroughly review this matter for you.

1 Answer | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: Can you be charged with habitual traffic offender if your not operating a motor vehicle

I was working on a vehicle replacing the brakes and upon completion an officer pulls into my driveway and tells me the tag of the car I was working on was suspended and asked for my licence. In working on the car I only crank the car and put it into gear to see if the brakes would hold once I was... View More

Stephen Grooms
PREMIUM
Stephen Grooms
answered on Jul 26, 2018

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... View More

1 Answer | Asked in Personal Injury and Traffic Tickets for South Carolina on
Q: My daughter was stopped for busted headlight on passenger side but it still works and it was 5pm daylight hours

Gave her a ticket for 234.00,nothing is hinging its just cracked out. Why he stopped her she didn't need the light cause it was daytime and it does work at night when needed.

Carole Jean Hayes
Carole Jean Hayes
answered on Jan 28, 2018

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.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Q: Accident after seizure

Son had a seizure while driving and struck another car. There were no physical injuries, but he was cited for crossing the yellow line.

His seizures had previously been well controlled with medication, and do not know why he had this seizure.

My question, do we go to court and... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

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.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
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?

Hypothetically speaking, If driving on the Interstate and I or somebody clips my car, am I required to first stop in my lane and provide assistance OR can I first, pull over to the side and THEN provide assistance? Any help is greatly appreciated.

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2017

you would want to pull over--you can't stop on the interstate.

1 Answer | Asked in Traffic Tickets and Criminal Law for South Carolina on
Q: My husband just went to jail today and I need to know will he possibly get out when he sees the judge in the morning

He got charged with manifacturing and distribution of cocaine base it's his first offense and all he had on him was a small piece of meth and emty bags

Allison Brandt Blackwelder
Allison Brandt Blackwelder
answered on Nov 28, 2017

I urge you to contact an attorney on his behalf.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
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.

*No towing sheet given.

*Are other people allowed to be released information on the vehicle such as stalker Mom (I am 30/31 on 8/22) with no claim to the vehicle whatsoever? --What privacy laws are there? How can I be charged for storage without any notification whatsoever all week?... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2017

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.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Do I get charged a fine if there's no monetary amount on the citation?
Allison Brandt Blackwelder
Allison Brandt Blackwelder
answered on Aug 8, 2017

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...
View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for South Carolina on
Q: Do you think the judge will side with me?

The roads were sorta wet bc it rained earlier but not too bad. I slowed down for the deer but I almost hit it so I swerved and overcorrected and hit an embankment on the opposite side of the road. I was fined $155 and 2 points on my license. I don't see how this was my fault. My car was... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

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.

1 Answer | Asked in Traffic Tickets and Car Accidents for South Carolina on
Q: Need help with a citing situation.

I was passing a vehicle that was stopped in the road in a lane that was permissible for me to pass. The vehicle did not have a signal indicating they were turning. When I went to pass I used my signal and when I got a point of passing the vehicle they turned into me. I was cited for improper... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

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... View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Should I just pay my ticket and risk it following me back to my state?

I have a question, I got a ticket in South Carolina for going 10 miles over the speed limit, but I live in North carolina. It's my first offense and I don't know if I should pay it or fight it.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2017

You should do neither. You should hire a local traffic attorney to resolve this for you.

1 Answer | Asked in Traffic Tickets for South Carolina on
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
Allison Brandt Blackwelder
Allison Brandt Blackwelder
answered on Mar 14, 2017

Yes, that is allowed and standard operating procedure for officers.

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
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?
Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

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.

1 Answer | Asked in Traffic Tickets for South Carolina on
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.

I got charged for two things I was unaware of and the tickets do not have the ticket amounts. Should I be worried? What should I expect? I am also in Spartanburg,SC

Allison Brandt Blackwelder
Allison Brandt Blackwelder
answered on Mar 4, 2017

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.