South Carolina Traffic Violations Legal Questions

Probation is a possible sentencing option for Habitual Offender.  A Habitual Offender conviction is classified as a "felony."  Because it is based in traffic offenses, I have seen many people under estimate the impact of the conviction.   Habitual Offender charges are technical in nature with time period of offenses and the offenses charged.  The sanctions imposed administratively by the SCDMV are separate and apart from the criminal process. Christopher P. Biering www.bieringlaw.com... Read More

You may have difficulty handeling this case on your own, as you do not know about criminal procedure, evidence, etc., you would be well advised to retain a criminal defense lawyer to assist you.  Of course you can do it on your own, but no one can predict, with or without a lawyer, ectactly what will happen before a Magistrate Judge. This answer does neither constitute legal advice nor a attorney/client relationship Dr. Michael G. Sribnick, Esq. crominal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

First, because infraction occurred in Georgia, that State's expungement laws would apply.  To the clearing of the traffic / moving violation.  In South Carolina, traffic offenses are not "expungable."   Second, insurance companies look at both DMV conviction and chargeable accidents.  The insurance company will look at the industry determination of fault, and the threshold crossed with the cost of property / or injury claims made.... Read More

A person who drive on a public highway of this State without a driver’s license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months.  If this describes your fate, a criminal defense attorney would be strongly advised.  Please note that this answer neither constitutes legal advice nor establishes an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

Take it to court. If the officer who actually witnessed the violation (assuming there was one) isn't present then the judge must rule in your favor as you Constutional right to "confront an adverse witness" will be violated. It's the same as getting into an accidernt that the police did not witness and the other party fails to appear. The court must throw out the charge.... Read More

70 in a 45 is going to be a 6 point violation. In SC you are only allowed 12 points before your license is suspended.  If you go to traffic school, otherwise known as the Traffic Education Program, or "TEP", the ticket will be deferred for a period of time (usually 3-6 months) and will be dismissed if you have no more violations during this time. You may only request this prior to pleading. Typically you cannot have more than 4 points on your record to enroll, but you you should check with the local solicitor's office. If you are found guilty, you can go to a Saturday driving class and have 4 points removed. If you are going to plead, I would ask that the charge be reduced to a 4 point violation. Find a traffic attorney to represent you. It will be cheaper in the end.... Read More

       To answer your question about a bench warrant, paying reinstatement fees do not necessarily lift a bench warrant.  If I am correct, you are speaking about reinstatement fees to get your license back.  A bench warrant is a separate thing from your driver's license.  A bench warrant is a criminal warrant that a judge signs because you failed to appear in court.  Then your license is suspended because you didn't pay the ticket.  So you fixed the problem with the DMV, but the warrant will likely still be active.  The only way to have a bench warrant removed is to either get arrested for the warrant or have the judge rescend the warrant.  You should check with the DMV or the court that issued the warrant to make sure it was rescended now that you have taken care of the ticket.  Otherwise, next time you get pulled over, you might be in for a bad day.  ... Read More

This answer does not create a lawyer/client relationship.  You are facing 4 charges and the loss of your freedom.  I would strongly advise that you hire a lawyer to protect your interests.  I am both a S.C. attorney and board certified internist.  A conviction on these 4 offenses could ruin your life, which is much more important than facing a little jail time.  Perhaps with a good lawyer you can avoid the charges and jail time as well.  This is far more serious than a traffic violation. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If it is a private lot, the property owners can have your car towed without warning.  They don't have to just give you a ticket.  That happens all the time in downtown Charleston.  Usually there is a sign, a notice to people, that it is a private lot and unauthorized vehicles will be towed.  Look for that sign near the entrance to the lot and that might clear up your confusion.  ... Read More