South Carolina Speeding Ticket - Written Plea Question

[jeremyapp]

Hi, I received a speeding ticket in South Carolina (56-5-1520, speeding, 50/35 reduced from 52) and plan on attempting to have the case dismissed. What are my best options? I have already requested and been granted a continuance, although it is on the officer's schedule so it has done little but bought me more time. I spoke to the judge and traffic school is out of the question. Would a written plea be of any use? Is it even permissible by SC law? What advice does anyone familiar with SC traffic law have that could help me dismiss the charge? Thank you.

 

[JETX]

So, lets see if I understand your post correctly.
You broke the law by speeding.
You got caught.
You are now trying to whine and cry about how to NOT have to answer for your conduct??

Grow up and accept responsibility for your own conduct. Pay the fine and learn from it.

 

[AHA]

Hi, I received a speeding ticket in South Carolina (56-5-1520, speeding, 50/35 reduced from 52) and plan on attempting to have the case dismissed. What are my best options? I have already requested and been granted a continuance, although it is on the officer's schedule so it has done little but bought me more time. I spoke to the judge and traffic school is out of the question. Would a written plea be of any use? Is it even permissible by SC law? What advice does anyone familiar with SC traffic law have that could help me dismiss the charge? Thank you.

Oh please, stop embarrassing yourself for the whole world to see! I hope next time you speed excessively, you don't kill someone, but if you do, don't come back here crying!!!!

 

[cepe10]

attack the evidence and the foundation for the evidence - namely the speed measurement device.

if all else fails try for "probation before judgement" if you have not recieved it before.

 

[jeremyapp]

you have completely missed the purpose of my post. do you mean to tell me that if you got a speeding ticket you would just 'own up' and pay it, while seeing your insurance double? i hope not. yes, i did make a mistake, but there is no reason for me to not make an attempt at making this better. so, if anyone has any advice please let me know. otherwise, please keep the comments to yourselves. thank you.

 

[seniorjudge]

What is your defense to speeding?










Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[cepe10]

you have completely missed the purpose of my post. do you mean to tell me that if you got a speeding ticket you would just 'own up' and pay it, while seeing your insurance double? i hope not. yes, i did make a mistake, but there is no reason for me to not make an attempt at making this better. so, if anyone has any advice please let me know. otherwise, please keep the comments to yourselves. thank you.

jeremy - you need to ignore them - all of them are hypocrites who exceed the posted speed limts to a certain extent just like 99% of the population - the exceptions being a very few weak minded, elder, and other folks who probably should not be on the road to begin with. They are here just to mock you like every other poster who asks a legal question so don't sweat it.

The answer is that people with money hire a lawyer to fix it. if you can get a decent one for around $500 to plea it away or fight it successfully you are still ahead of the game. On your own you will need a defense strategy and you also may get a break in the peace officer not showing up, etc. look into the prayer for judgement in your state as well - and also run some insurance quotes through netqoute or equivalent before the ticket hits - you don't need to mention prior to it hitting your record - this gives your insurance company the impression you are shopping around and they might not raise your rates as much. There are a few other knowledgeable posters like lwpat but they tend to get tired of all the illigitimate bashing here...

 

[Robbie0723]

What Cepe said - you should always try to minimize the damage from a ticket by getting it reduced as much as possible.

A lawyer has the best chance if you are not comfortable trying on your own. The cost is usually around what you first years insurance increase will be.

With no other tickets, 15 over usually is not a big deal other than your insurance but I'm not familiar with SC so you might want to try a search here for more specific experience in that state.