simple possession in SC

[fender717]

What is the name of your state (only U.S. law)? South Carolina

I was stopped for broken tail light and when the cop ran my license he said it was suspended because I did not pay a reinstatement fee. When he searched me to take me in, he found a small bag of marijuanna in my pocket. I was charged with DUS and simple possession. When I went to the DMV, they said my license was never suspsended and would not take the money for the fee. Since the officer had no reason to search me other than taking me in for the bogus charge, do I have a chance at getting it dropped by saying it was an unlawful search? If not, what are my options? I have already gone through PTI for a non-drug offense.

 

[FlyingRon]

The fact that you may ultimately be not guilty of the DUS does NOT make the arrest and search illegal. If he had probable cause that your license was suspended (i.e., for some erroneous reason it came up that way in the computer), it would be hard to challenge the arrest and the subsequent search and discovery. I'd certainly speak with a lawyer. I'm not up on the specifics of SC law as to whether the conditional discharge is still an option for you given the priors.