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Old 06-14-2003, 11:07 AM
wagnerjc
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Angry

careless driving ticket


What is the name of your state? southcarolina
I was pulled over and told I was gong 67 in a 45 and I was clocked by radar. I explained that I had just pulled out of a gas station into bumper to bumper traffic and I could not possibly had been speeding. The officer said traffic was moving at 50 but I was going 67. It was raining and I was entering Myrtle Beach during bike week. I know I was not speeding and this is a revenue ticket. I was told that he would give me no points if I paid the $225. He wrote the ticket for careless operation. Why? I want to challenge this ticket. Do I have a defense? There were 3 other people in the car with me as witnesses. I am a critical care nurse, does this help? I also heard that if I request a jury trial that often times they just drop the ticket. Do I have the right of discovery for the officer's notes?

Last edited by wagnerjc; 06-14-2003 at 11:11 AM.
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Old 06-14-2003, 04:37 PM
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Join Date: May 2003
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" I am a critical care nurse, does this help?"

Only if the judge has a heart attack during the trial.

"know I was not speeding and this is a revenue ticket."

Did you get the ticket in Conway? If so you are correct.

"He wrote the ticket for careless operation. Why? "

This is a city code that allows them to collect money without points going on your record. It is so people will just pay the fine. Better check with your insurance agent to see if your rates will go up if you just send in the money. Also be sure the officer is telling you the truth about the points. Call the clerk of court to verify.

"I also heard that if I request a jury trial that often times they just drop the ticket."

Probably not. You can send them a letter requesting a jury trial and see what happens. You might get lucky if one of the jurors has received a similar ticket.

" Do I have the right of discovery for the officer's notes?"

Not in SC.

In that traffic there is almost no way he could have singled you out on radar. If you show up on your court date they will probably reduce the fine. If you request a jury trial a preliminary hearing will usually be set where they will offer you the same deal. Sometimes this can be done over the phone. If you go to trial anything can happen. Your chances are probably fifty-fifty.

If you decide to go to trial email me and I will send you some more information. Good luck.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.
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