IMPROPER start/stop South Carolina 56-5-2110

[sho_greg]

South Carolina


Got charged today with improper start/stop- violation section 56-5-2110

ARTICLE 15

STARTING AND TURNING; SIGNALING
SECTION 56-5-2110. Starting of a vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.

So thats what it says.

What happend was...

I was on my way to work this morning about 6:40am.... I had come to the end of my street (Stop Sign). RIght directly in front of me was a city police officer in a marked car. The vehicle was directly in my sight. I was traveling in a southward direction when approaching the sign, while he was facing in a easterly direction on an empty lot where a house used to be.
Well I saw him.... PLain as day.

I feel as if I stopped at the sign... Maybe not 5 seconds or anything like that. BUt at least 1 second of stop time. It was 6:40 in the morning with nothing happening..... No traffic at all. No kids around... Well I proceeded turning right... He pulled out of his spot right after I pulled away. Followed me about .1 of a mile and then through his blue lights.

He came to the window and asked "Do you know why I pulled you over?" and in all honestly I had no idea. THen he proceeded to tell me that I made a incomplete stop.

Well anyways- whats the best defense??? He came back with my ticket- said "This could have been a $300 fine but you were very nice and respectable... So I dropped it to $150..... "

Ill be honest the whole time he was in his squad car- I was thinking it will be a warning or a small fine.... But $150- that makes it seem like I just flat out ROLLED through it at 10 mph or something....

I need help- The way that the law reads above- I am totally INNOCENT! BUt how do you convince a judge? Or should a jury be the answer?

Any help and ideas appreciated... - I figure the fact of his facing direction in comparison with me would be one defensive angle.

Thanks and sorry it was so long!

[lwpat]

You have the right to request a trial by jury. If you want to go that route then it will be your version against the officer and the jury will decide. You can show up on your court date and they might agree to some type of reduction. If not you can plead not guilty and ask for the trial. Sometimes they will then make another offer since they want your money and don't want to spend time on a jury trial with a traffic ticket. Take cash.


Ask around and find out the normal procedures for your court. Downside is that if you go to trial and lose the fine could be much higher.

[efflandt]

Obviously you were stopped if he cited you for a starting violation. Did you signal your right turn? What did he say you did dangerously when you pulled away from the stop sign?

Sometimes it pays to look up the statutes. Hint, he did not cite you for failing to stop.

[rlem1977]

First, look to see if there really is a difference in the violation $$$. If so, maybe the officer was being nice(r). Fight it, and maybe he'll view it as "trying to look a gift horse..." in court. Second, if you really believe your innocent and stopped at the intersection, fight it. He wrote the charge. Cops do this all the time with this charge. Most people don't look at what the statue reads to see if it applies to their situation. Look at this Indiana case: [url]www.state.in.us/judiciary/opinions/archive/10180001.lmb.html[/url]. Be prepared to appeal to a higher court because the cops and their employers are looking for revenue, not fair and balanced application of the law. "To Serve and Collect" is the new motto. You can see this by the number of Deferred Adjudication + fine + it won't go on your record and Defensive Driving School + fine + it won't go on your record judgements that are issued. Revenue. baby, revenue. Fight 'em. Even if you need an attorney, fight 'em. These type of tickets have to stop.

[Curt581]

Originally Posted by rlem1977

the cops and their employers are looking for revenue, not fair and balanced application of the law. "To Serve and Collect" is the new motto. You can see this by the number of Deferred Adjudication + fine + it won't go on your record and Defensive Driving School + fine + it won't go on your record judgements that are issued. Revenue. baby, revenue. Fight 'em. Even if you need an attorney, fight 'em. These type of tickets have to stop.

You're absolutely right. I think we should stop accessing monetary fines of any kind against traffic violators.

I think we should Jail them instead.

Doing 10 over the speed limit? 10 days straight time, County Work Farm.

Doing 25 over? 30 days wearing an orange jump suit in the County Jail.

Rolled a stop sign? 5 days.

If we started that, you've have a lot fewer people being lax about traffic laws. And the ones that still are will be clamoring...begging to pay a fine instead of going to Jail.