South Carolina Court Records
How to Fight a Traffic Ticket in South Carolina
Traffic violators in South Carolina are issued an official notice by law enforcement officers. This document is known as a traffic ticket. South Carolina State Highway Patrol officers monitor road use on state highways and track down traffic offenders, while municipal road networks are under the watch of County Sheriffs’ Departments.
When an offender receives a traffic ticket, they must accept the ticket and then respond to it. The expected response is either ‘guilty’ or ‘not guilty.’ If the ticket was resolvable by a fine, a ‘not-guilty’ plea would take the case to trial before a judge. All traffic tickets except parking violations will show up as a driving conviction on an individual’s criminal record. The aftermath of a driving conviction has weightier consequences than the offense may have appeared to have. There are specialized local and state traffic courts across counties in the state that handle the record and disposition of traffic-related tickets.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
Is it Worth it To Fight a Traffic Ticket in South Carolina?
The decision to fight a traffic ticket in South Carolina has its pros and cons. Should the defendant have a good case, they may overturn what could have been a conviction and evade the collateral consequences of getting one. The downside to it borders on the challenges involved in preparing for and appearing in a court for trial. The cost of time, energy, and logistics of the entire process may not be worth it unless the defendant can guarantee a good case in court. For this reason, parties should consult a legal expert in traffic law to determine if it is worth the shot.
Ways to Fight a Traffic Ticket in South Carolina
There are two ways to fight a traffic ticket in South Carolina. The first step is to request a trial. The difference between the two is that one goes to trial in an attempt to overturn the conviction while the other proceeds to negotiate on a pre-trial intervention program for the possibility of reduced or no points on the driver’s license. The administrative pathway largely depends on the issuing agency and the court where the trial is to hold. However, on the day of trial, the issuing officer must present the case before the judge. The judge gives the defendant a chance to present evidence and arguments. Most serious offenses such as a DUI or reckless driving may require a jury trial for a fair and balanced outcome. After reviewing both sides of the case, the judge will issue the verdict. If the defendant is not guilty, all previous court payments regarding the case will be returned. If found guilty, the defendant may appeal to a higher court of jurisdiction. Note that failure to appear in court on the date scheduled can lead to a conviction’s auto-entry. It can also lead to arrests and incarceration.
How to Fight a Traffic Ticket Without Going to Court South Carolina
In South Carolina, traffic attorneys can represent defendants without appearing in court. An exception to the rule is a traffic ticket that indicates a mandatory appearance in court, or if likely penalties include a jail term. Serious offenses such as a DUI or reckless homicide fall under this category.
How do You Get a Traffic Ticket Reduced in South Carolina
Individuals accused of traffic violations can negotiate to have their traffic ticket fine reduced. However, they must appear in court to plead their case with a judge. A payment plan may also be agreed upon following negotiation. In this case, prepare to pay the majority of the fine on the court date. Payment must happen within 15 days from the court date.
Can you Get a Speeding Ticket Dismissed in South Carolina?
Speeding tickets in South Carolina are serious traffic offenses that may attract a jail term in some cases. However, there are reasons for which the court may dismiss a speeding ticket. These reasons include:
- If the judge finds the defendant not guilty at trial
- If the ticket issuing officer is not present on the day of trial
- If the court decides to stop the prosecution
What Happens if You Plead Guilty to a Traffic Ticket in South Carolina?
In South Carolina, a guilty plea has financial implications. Every guilty plea translates to a driving conviction and points assessment with the Department of Motor Vehicles. A guilty plea could lead to the suspension or even a revocation of licenses and in some cases, jail time. The financial impact may also be worsened by a dramatic spike in vehicle insurance rates to the tune of 90%.
How to Find a Traffic Ticket Attorney in South Carolina
Fighting a traffic ticket in South Carolina courts can be made easier by hiring an attorney. Acquiring a traffic attorney’s services may be costly, but it may give the defendant a higher chance of positive outcomes. Both government websites and third-party websites maintain electronic databases of attorneys within the state of South Carolina.