South Carolina Traffic Offenses
Many people don't realize it, but traffic offenses are considered criminal violations under South Carolina Law. This means that traffic offenses must follow the same procedural law as other criminal violations, and gives those charged with a traffic offense many important rights. For example, anyone who receives a traffic ticket in South Carolina is entitled to the following:
- A trial by jury
- To be presumed innocent until the State proves you guilty beyond a reasonable doubt
- Discovery motions compelling the State to provide materials to you pertinent to your defense (to include any audio\video footage and radar information)
As a criminal defense attorney, James Snell is able to bring his overall knowledge and experience in criminal trial practice to work defending those who received a traffic ticket in South Carolina. Many of Mr. Snell's traffic law clients hold a commercial driver's license (CDL), or otherwise depend on their license for their job. Most all are concerned about insurance rates, license points and the other ramifications that may come with a traffic charge. In addition to traffic tickets, Mr. Snell also represents those charged with major traffic offenses, including Reckless Driving, Failure to Stop for a Blue Light, Hit and Run, and Reckless Homicide.
South Carolina Speeding Tickets
South Carolina has three types of Speeding Tickets with fines ranging from $76.88 to $440 and carrying 2 to 6 points. All convictions for speeding violations must carry points according to the violation. Speeding is considered a strict liability offense under South Carolina law, meaning that even if the speeding was only inadvertent, accidental or unintentional you may still be convicted. The officer who rights the ticket will ordinarily have sole and exclusive authority to reduce or dismiss the charge. If you have received a Speeding Ticket Mr. Snell is either available to attempt to negotiate a resolution directly with the officer, or to actively contest the charge in Court. If you decide to challenge the ticket in Court you may have certain defenses, including:
- The officer may not have been properly trained to operate the laser\radar equipment used
- The laser\radar equipment may not have the proper certifications, or may not be in proper working order
- The officer may have clocked the wrong car (and given you a ticket deserved by another driver)
- The sign alerting you to a reduction in the speed limit may be missing or damaged
South Carolina Accident Tickets
If you have received a traffic ticket as a result of your involvement in an automobile accident, there are several important things for you to know. First, in most instances the officer who wrote you the ticket probably did not actually observe the accident, and will be unable to testify in Court as to what caused the accident. Under South Carolina law an officer is not to presume that a violation of the law occurred simply because there was an accident, and police officers and highway patrolmen are not qualified to give opinion testimony in Court as to who they believe caused an accident.
Most tickets received as a result of an accident cannot be reduced and instead must be contested in Court. Many times these charges may be dismissed when a trial is requested and discovery requested from the officer due to the lack of cooperation by the other driver.
South Carolina License Point Schedule
Most South Carolina traffic violations carry with them a point penalty. These points are frequently forwarded onto to visiting motorist's home states. When too many points penalized against your license your license will be suspended. Following is the listing of common point violations according to the related offense:
Six Point Violations
- Reckless Driving
- Passing stopped school bus
- Driving 25 M.P.H. or more over the posted speed limit
Four Point Violations
- Driving 10 M.P.H. or more (but less than 25 M.P.H.) over the posted speed limits
- Disobedience of any traffic control device (red light, stop sign, etc.)
- Disobedience to officer directing traffic
- Failure to yield right of way
- Driving on wrong side of the road
- Passing unlawfully
- Turning unlawfully
- Driving through or within a safety zone
- Failing to give a proper signal
- Following too closely
- Operating with improper brakes
Two Point Violations
- Operating with improper lights
- Shifting lanes without safety precaution
- Failing to dim lights
- Operating a vehicle in an unsafe condition
- Driving in improper lane
- Improper dangerous parking
- Improper backing
South Carolina Major Traffic Offenses
Driving Under Suspension
Driving Under Suspension, or DUS, is the offense for operating a motor vehicle when your license has been suspended. Under S.C. Code § 56-1-460 the penalties are as follows:
- For a first offense a fine and\or imprisonment of up to thirty (30) days
- For a second offense a fine and\or imprisonment of up to sixty (60) days
- For a third offense a fine and imprisonment of ninety (90) days to six months (no part of the sentence can be suspended meaning you must serve time if convicted)
If your license has been suspended as a result of a DUI conviction, the penalties are steeper:
- For a first offense a fine and\or imprisonment of ten (10) to thirty (30) days
- For a second offense a fine and\or imprisonment of sixty (60) days to six months
- For a third offense a fine and imprisonment of six months to three years (no part of the sentence can be suspended meaning you must serve time if convicted).
In addition to the penalties described above, a conviction to Driving Under Suspension will also re-suspend your license, and may cause you to be declared a habitual offender, thereby permanently revoking your privilege to lawfully operate a motor vehicle.
Reckless Driving
S.C. Code § 56-5-2920
Reckless Driving is a misdemeanor crime in South Carolina, and unlike other traffic offenses it carries a possibility of up to thirty (30) days in jail. It will result in an automatic suspension of a commercial driver's license for a first offense, and a second or subsequent offense will suspend a regular driver's license. The State must show that the motorist was operating a motor vehicle, with wilful or wanton disregard for the safety of persons or property.
Failure to Stop for Blue Light
S.C. Code § 56-5-750
If you fail to timely stop for a law enforcement officer in South Carolina you could face the serious charge of Failure to Stop for Blue Light. Many times these offenses come not as a result of a failure to stop, but just when and how the officer believes you should. Frequently there may be a genuine question of whether or not a crime occurred at all.
The penalties for Failure to Stop for Blue Light are as follows:
- If no death or serious injury, imprisonment of ninety (90) days to three years
- If serious injury, imprisonment of up to ten years
- If death results, imprisonment of up to twenty five years
The penalties are all enhanced for those with a prior conviction for this offense, and all offenders will face a mandatory license suspension.
Leaving the scene of an accident
(Hit & Run)
S.C. Code § 56-5-1210
Reckless Driving is either a misdemeanor or felony depending on the exact nature of the charge. It is prosecuted in the Court of General Sessions by the Solicitor's office. The penalties are as follows:
- If no death or serious injury, imprisonment of thirty (30) days to one year
- If serious injury, imprisonment of thirty (30) days to ten years
- If death results, imprisonment of one year to twenty five years
Reckless Homicide
S.C. Code § 56-5-2910
Reckless Homicide is an offense wherein Reckless Driving resulted in the death of another. It is a felony, that carries a penalty of up to ten years in prison. It is prosecuted in the Court of General Sessions by the Solicitor's Office.
Frequently individuals are charged with reckless driving when a traffic accident results in death. However, South Carolina law is that an officer is not presume that any violation of the law occurred simply because there was an accident. Further if the accident has no other witnesses, such as a single car accident, there may not actually be any evidence that anyone was operating a motor vehicle, with wilful or wanton disregard for the safety of persons or property prior to the accident.
South Carolina License Reinstatement
If your license has been permanently revoked based on a finding classifying you as a habitual offender, the Law Office of James Snell may be able to assist you in having your license reinstated. The procedure involves filing a civil action in Court with notice and service upon the County Solicitor's office. The Court will hold a hearing and take live testimony to determine if you qualify for a reinstatement. At a minimum you should have completed a qualifying alcohol counseling program and have several years with no driving under suspension violations, or other criminal charges.
