Traffic Violations in South Carolina

A South Carolina traffic violation is any illegal action taken by a driver while operating a motor vehicle. These actions can include speeding, running a red light, and driving under the influence of alcohol or drugs.

The South Carolina Traffic Code outlines the state's traffic laws. Under these laws, traffic offenders can be fined, imprisoned, or both. Depending on the severity of the offense, offenders may also have their driver's license suspended or revoked. The operation of motor vehicles within state limits is overseen by the South Carolina Department of Motor Vehicles and state law enforcement agencies. The state courts also prosecute erring motorists.

Along with the penalties meted to traffic offenders, traffic violations also impact insurance rates and the overall quality of life of the offender. In most cases, records of traffic offenses are featured in the violator's South Carolina traffic records. These records are typically used by insurance companies, employers, and the immigration service during routine background checks.

Types of Traffic Violations in South Carolina

In South Carolina, traffic violations may be distinguished into three categories: moving violations, non-moving violations, and parking violations.

Moving violations are those offenses that occur while a vehicle is in motion. On the other hand, non-moving violations occur when a vehicle is not in motion, such as expired registration or insurance. Parking violations are those offenses that occur when a vehicle is parked illegally.

South Carolina moving violations include:

• Speeding
• Reckless driving
• Driving under the influence (DUI)
• Hit and run
• Driving with a suspended or revoked license

Non-moving violations in South Carolina can result from:

• Parking illegally
• Having an expired registration
• Driving without insurance

Parking violations in South Carolina include:

• Parking in a handicap spot
• Parking in a fire lane
• Parking in a loading zone

The penalties for traffic violations in South Carolina vary depending on the severity of the offense and whether it is a first or subsequent offense. For example, a first offense DUI is punishable by up to 30 days in jail and a fine of up to $400, while a second offense DUI is punishable by up to 90 days in jail and a fine of up to $2,100.

South Carolina traffic violations may also be categorized by whether they are considered to be major or minor offenses. Major offenses are those which result in points being added to the offender's driving record. In contrast, minor offenses do not add any points.

Some examples of major traffic violations in South Carolina include:

• DUI
• Speeding 15 mph or more over the posted speed limit
• Reckless driving

Minor traffic violations in South Carolina include:

• Speeding 14 mph or less over the posted speed limit
• Improper lane change
• Failure to yield right of way

South Carolina Traffic Violation Code

The South Carolina traffic violation code was established to codify the state's traffic laws and establish penalties for violations. The code is codified in the South Carolina Code of Laws, which can be found online or at the local county courthouse.

The code covers many offenses, from speeding and reckless driving to DUI and hit and run. The penalties for violating the code can vary depending on the offense but include fines, jail time, and license suspension.

South Carolina Felony Traffic Violations

In South Carolina, a felony traffic offense is any traffic offense that results in serious bodily injury or death. The penalty for a felony traffic offense can be up to 10 years in prison and a fine of up to $10,000. If the victim of a felony traffic offense is a minor, the penalties can be even more severe.

Some examples of felony traffic offenses in South Carolina include:

• DUI resulting in serious bodily injury or death
• Hit and run resulting in serious bodily injury or death
• Vehicular homicide

Motorists convicted of a felony traffic offense will typically have their driver's licenses suspended for one year. They will also be required to complete a mandatory drug and alcohol treatment program. After their license is reinstated, they will be placed on probation for three years and will be subject to random drug and alcohol testing. They will also be required to pay a fine and cover associated court costs. Those convicted of a second felony traffic offense will have their licenses suspended for a minimum of five years, and they will be subject to all of the same penalties as above.

A misdemeanor would be deemed a felony if it resulted in serious bodily injury or death. Essentially, the penalties for a misdemeanor that results in serious bodily injury or death are the same as those for a felony.

South Carolina Traffic Misdemeanors

South Carolina misdemeanor traffic offenses are classified as less serious crimes than felonies and are punishable by fines, jail time, or both. The most common misdemeanor traffic offenses in South Carolina include driving under the influence (DUI), hit and run, and reckless driving.

The penalties for misdemeanor traffic offenses vary depending on the offense but can include up to 30 days in jail and a fine of up to $500. In some cases, a misdemeanor traffic offense can be upgraded to a felony if property damage or injuries are involved. For example, a hit and run resulting in property damage can be charged as a felony.

South Carolina Traffic Infractions

South Carolina traffic infractions are typically minor offenses that result in a fine. Some traffic infractions include speeding, running a stop sign, and failure to use turn signals. The severity of the infraction will determine the amount of the fine. For example, a speeding ticket for going 15 miles over the speed limit will usually carry a much smaller fine than a speeding ticket for going 30 miles over the speed limit.

South Carolina traffic infractions differ from felonies and misdemeanors in several ways. First, felonies are more severe crimes resulting in prison time, while misdemeanors are less severe crimes that typically result in a fine or community service. Second, traffic infractions do not go on the offender's criminal record, while felonies and misdemeanors do. Most importantly, offenders found guilty of a violation are unlikely to have the option of a trial, but this is not the case for felonies and misdemeanors.

South Carolina Traffic Violation Codes and Fines

South Carolina's traffic statutes are full of traffic violations, each with its code and corresponding fine.

The following are some of the most common traffic offenses in the state, along with their respective codes and fines:

Driving under the influence (DUI): Section 56-5-2930 of the South Carolina Code of Laws prohibits driving under the influence of alcohol or drugs. The fine for a first offense is $400, and the minimum jail sentence is 48 hours. For a second offense, the fine is $2,100, and the minimum jail sentence is 30 days.

Driving while license suspended or revoked: Section 56-1-460 of the South Carolina Code of Laws prohibits driving while one's license is suspended or revoked. The fine for a first offense is $200, and the minimum jail sentence is ten days. For a second offense, the penalty is $400, and the minimum jail sentence is 30 days.

Careless driving: Section 56-5-1510 of the South Carolina Code of Laws prohibits reckless driving. The fine for this offense is $25.

Failure to yield right-of-way: Section 56-5-2010 of the South Carolina Code of Laws requires drivers to yield the right-of-way when appropriate. The fine for failing to yield the right-of-way is $100.

Speeding: Section 56-5-1530 of the South Carolina Code of Laws establishes maximum speed limits. The fine for speeding is $25 plus $1 for each mile over the speed limit.

How to Pay a Traffic Violation Ticket in South Carolina

South Carolina motorists who have been convicted of a traffic violation will typically be issued a citation with a fine. These traffic tickets can be paid online, mail, or in person.

If the offender opts to their traffic ticket online, they will need to visit the South Carolina Department of Motor Vehicles website and enter their ticket number. Payment can be made by credit card, debit card, or electronic check.

Alternatively, the offender may opt to use third-party aggregate sites, which typically charge a nominal service fee.

To pay a traffic ticket by mail, offenders will need to send a check or money order made out to the "South Carolina Department of Motor Vehicles" to the address listed on the ticket. They must include their ticket number on the payment and enclose an envelope with an indicated return address.

Traffic ticket payment in South Carolina should be addressed to:

SCDMV
P.O. Box 1498
Blythewood, SC 29016-0028

If the offender chooses to pay for their traffic ticket in person, they may do so at any SCDMV office. The offender will need to bring their traffic ticket with them when they make the payment.

It is important to note that offenders who do not pay their traffic ticket fines within the specified time may have their driver's license suspended. In addition, failure to pay a traffic ticket fine may result in a warrant being issued for the offender's arrest.

Traffic Violation Lookup in South Carolina

In South Carolina, interested members of the public may look up traffic violations online or in person. To look up traffic violations online, motorists can visit the South Carolina Department of Motor Vehicles website and sign up for the "MyDMV" service. This service allows motorists to view their driving records, which include any traffic violations. Traffic violations that are eligible to be looked up online include moving and non-moving violations and have occurred within South Carolina.

To look up traffic violations in person, motorists can visit their local DMV office and request a copy of their driving record. The requirements for looking up a traffic violation in person are the same as those for online traffic violations. The violator's name, date of birth, and driver's license number must be provided.

How to Plead not Guilty to a Traffic Violation in South Carolina

In South Carolina, as in many other US states, motorists have the right to contest their tickets in court. By doing so, they may be able to avoid paying a fine or having points added to their driving record.

To plead not guilty to a traffic violation in South Carolina, the offending motorist will need to do the following:

1. Request a hearing within 30 days of receiving the ticket. This can be done via mail, online, or in person at the court, where the case will be heard.
2. Appear on the date and time of the hearing. At the hearing, the offender/defendant will have the opportunity to present evidence and arguments as to why they should not be found guilty of the traffic violation.
3. If the judge finds that they are not guilty of the violation, their case will be dismissed. However, if the judge finds that they are guilty, they may be required to pay a fine or have points added to their driving record.

What Happens if You Plead No Contest to a Traffic Violation in South Carolina?

If an offender pleads no contest to a traffic violation in South Carolina, they would be inadvertently pleading guilty to the offense. The main difference is that by pleading no contest, the offender is not admitting any guilt or responsibility for the crime. This can be beneficial in some cases, as it means that the offender cannot be used as a witness against themselves in future proceedings. However, a no-contest plea still results in a conviction on the offender's record. This means that the offender will likely face the same penalties as if they had pled guilty, including fines, points on their license, and increased insurance rates.

How Long Do Traffic Violations Stay on Your Record in South Carolina?

Most traffic violations in South Carolina will remain on the offender's driving record for three years from conviction. However, some violations will stay on record for longer, such as DUI and hit-and-run convictions. If a motorist has multiple traffic violations on their record, this can also extend the time that the violations will remain on their record.

Offenders can take a defensive driving course to get traffic violations removed from their driving records sooner. This will remove one violation from their record for every three years they complete the course. The offender can also have any points associated with the violation removed from the record. This can be done once every three years, and they must complete the course within six months of the offense.

If an offender has a traffic violation that is preventing them from getting insurance, they may be able to get an insurance certificate from the DMV. This will allow them to get insurance without disclosing the violation on their driving record.

The offender can also get the court to dismiss the charges against them. This is often done if it is their first offense or if the violation was minor. They will need to show the court that they have been a safe driver since the breach and are not likely to commit another traffic violation.

Can Traffic Violations Be Expunged or Sealed in South Carolina?

Yes, traffic violations can be expunged in South Carolina. However, expunging or sealing a traffic violation in South Carolina is not as straightforward as some may think. To have a traffic violation expunged or sealed, the offending motorist must petition the court and prove that they have been rehabilitated since the offense occurred. The court will then review the case and decide based on the evidence presented. If the court believes that the motorist has been rehabilitated, they will expunge or seal the traffic violation from the motorist's record. However, if the court does not believe that the motorist has been rehabilitated, they will not expunge or seal the traffic violation, and it will remain on the motorist's record.

To satisfy South Carolina's eligibility requirements for expungement or sealing, requestors must:

• Be at least 21 years old at the time of the offense, unless the crime was a minor in possession of alcohol (MIP)
• Not currently on probation or serving a sentence for any other crime.
• Have no more than 3 traffic violations on their record
• Not have been convicted of a DUI within the past 10 years.

Have completed all terms of their sentence, including paying all fines and completing any court-ordered programs

If the requestor is eligible for expungement or sealing, they must then submit a petition to the court. The petition should include:

• The requestor's name, address, and date of birth
• The case number and county where the conviction occurred
• A list of all traffic violations on the requestor's record
• The date of the conviction
• The sentence imposed
• Evidence of the requestor's rehabilitation, such as a letter from an employer or counselor

Once the petition is submitted, the court will review the case and decide. If the court believes that the requestor has been rehabilitated, they will delete or seal the traffic violation from the requestor's record. However, if the court does not believe that the requestor has been rehabilitated, they will not expunge or seal the traffic violation, and it will remain on the requestor's record.

What Happens if You Miss a Court Date for a Traffic Violation in South Carolina?

Missing a court date for a traffic violation in South Carolina can have serious consequences. Depending on the severity of the offense, a bench warrant may be issued for the offender's arrest. This means that if they are pulled over, they could be taken into custody. The court may impose additional fines and penalties for failing to appear. In some cases, the offender may even have their driver's license suspended.