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Racial Profiling (DWB)

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F

feemsterc

Guest
I was traveling north on highway 29 out of Gaffney SC heading to my mother's home in Hickory Grove, SC. My son was a passenger in the car. As we were traveling, I notice that my car hood was not completely close. I checked traffic, turned on right signal light and exited onto a side street. I pulled completely off the road. I got out of my car, closed the hood and got back in my car. I checked traffic, all was clear and I proceeded to make a u-turn. As I was doing so, a SC Highway Patrol pulled in. I proceeded to get back on highway 29 (north).

A few seconds later I noticed that the patrolman was following me. He got very close to my vehicle. I felt very uncomfortable because of previous negative encounters with white law officers solely because of my race in the 60's through the 80's in SC. I decided to turn into a conveniece store. I checked traffic, turned my left signal on and pulled into the parking lot of the store.

As soon as I did, the patrolman turned on his blue lights, got out of his car, approached me and asked "Are you’ all from around here." to which I replied, yes. I explained that I was born and raised in York, county, I was visiting my mother in Hickory Grove and that I resided in Tampa, FL.

The officer asked me "what happened back there". I explained to him that I noticed my hood was not completely fastened and I pulled off the road to fasten it.
He asked for my driver license and for my son's. He went back to his car for several minutes.

He came back and said I noticed that you were shaking (I suffer from anxiety/panic attacks), have you been drinking? I told him that I suffer from panic attacks and was nervous in this situation, that I was not drinking or taking drugs

He asked me to get out of the car. He said that I had some unpaid tickets from 20-30 years ago and that I was driving under suspension (I had/have an active FL driver license). I replied I was unaware of any unpaid tickets. I explained that I had surrendered my license to the state of SC around May 1978. Since then I have had an international license from 1978 - 1980, then a Texas license from 1980 - 1988, at which time I surrendered it for a FL license in 1988.

He never asked for the car registration or insurance ID.

He placed handcuffs on me and placed in the back seat of his patrol car.

He had my vehicle towed.

I was booked into the Cherokee County facility approx 5 pm and appeared before the magistrate around 6pm where I was told that I would have to post a $1025 cash bond in order to be released. It paid the next day. I went to court on 12/18/2001 and the charges were dismissed.

I notice in court, that others had been cited for driving under suspension also. However, they had not posted bond nor bail. The Judge gave them over a month to pay the $1025 fine.

I don't understand why at the time I was not just given a tickect to appear/or pay the fine by a certain date.

I ended up paying $100 towing fee and $100 SC reinstatement fee. Also, even with a valid FL drivers license, I didn't drive for a week while I was in SC.

I sincerely feel that just because two Afro-American males were in a vehicle with FL license plate was the only reason I was stopped. The officer never gave me a reason nor did he ask me if I knew why I was being stopped.

Do I have a legal case?
 


V

Vincent Cosent

Guest
My opinion from Illinois

I would guess there might be something in their law that lets local residents post their bond differently than out of state residents because you could flee across state lines.
You are entitled to a refund of your bond money when you appear for court and I hope you got it returned.
If your legal residence is in Florida and a cop in SC. asked if you are from around here you should just respond no we are from Florida and visiting.But thats ok as you did explain.
You do understand that bond and bail are the same thing and not a fine.You get that back wheather you are guilty or not.
I dont think you should have had to pay to have a SC. liscense reinstated as you reside and are liscensed by the state of Florida.
Also I think your towing Fee should have been refunded also.
However after thinking more about this Having charges dropped only means they decided not to prosicute you and not that you havent broken the law so maybe thats why they could make you pay the charges related to this situation.
You can always call the state or local police on the phone to ask anomymous questions as I sometimes do.
A lawyer is always best and my advice is only an honest opinion not the law.Hope I could help a little.You can even try Secretary Of State on your computer and may get some info.
 
D

dabear

Guest
Come up with another excuse

Do you have a case for what? DWB? is that now a statute? Is that now a legal term? Your license was suspended and the officer asked what was that back there most likely meaning the U-turn. It appears to me that anything negative that happens to you when it comes to police you blame it on race. That's an easy out and excuse to take the focus off of your violations. Let me give you a hint, white people, asian people, native american people and Hispanic people get stopped too.
 

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