Speeding Ticket - Possible appeal?

[Skylance]

What is the name of your state? South Carolina

This has got to be the weirdest ticket ever. There's a lot, and it's a long story, so please bear with me....

Back in September, I got a ticket for going 85 in a 60. I don't believe I was going 85 in a 60, and no, I didn't admit it. The officer was following someone who was going considerably faster than I was, and that person was weaving in that morning's rush hour traffic. Interestingly the officer matched him move for move without actually starting the chase or turning on his blue lights. When the cop pulled him over, he motioned me over as well. He got out of his patrol car and began to rant about how "this isn't a raceway" (duh), "it's wet out here" (cloudy, yes, roads wet, no), "you were all over my butt" (no, i wasn't), "we all hit AT LEAST 85" (not that i'm aware of, especially in RUSH HOUR - STOP & GO interstate traffic, did i just hear you admit to 85 without your lights on?) and a few other things that he made up. I didn't say anything to him and just sat there looking at him. It was kinda funny actually. He got a little bit frustrated because I didn't say a single word. So he just told me to get my license and registration and he went and fussed at the other driver for a while. He came back with my ticket for 85 in a 60 - 6 points, told me he appreciated my good attitude and that if i come to court he'll help me out. Interestingly, even though he accused me of several violations he only ticketed me for speeding. I'm guessing cuz I didn't admit anything and kept my mouth shut.

So, I decided to fight it. I wasn't going 85 mph, and in that kind of traffic it's impossible. The other reason I decided to fight it was because it was a $440.00 fine. That's a lot of money, and I simply don't have it. My court date was Oct. 9th and I showed up on time. My trial ends up being held in the Judge's Chambers/Office. I questioned the officer about traffic conditions, etc, and his testimony was that it did seem impossible to attain 85mph in those conditions. Apparently it didn't matter to the judge and he found me guilty and fined me the full amount of $440.00! OUCH!!!

After the trial the officer asks me if I need additional time to pay the ticket since it is such a large amount. I say yes, and he gives me 30 days (due by Nov. 9th) and tells me I'm free to go. Before I leave though, he stops me and says, "I thought you would get out of it. You came in well prepared and presented a very good defense."

On November 9th, I walk back into that court again to pay my fine since they accept ONLY cash, ONLY in person. I asked the lady at the counter if there was anthing they could do to reduce the ticket since it is a large sum. She looks at the file and tells me, "No, since you didn't show up to court, AND you are now 30 days late!" I'm sure the look on my face was priceless. We go back and forth for a while with me trying to tell her that I did show up for court. In the end, they basically "suspended" the ticket (no BW, no license suspension, etc) until we hear back from the cop and see if he can remember exactly what happened.

It's been a couple weeks, and the cop hasn't called back. So, I'm thinking I should appeal. I've never done it before. All my previous traffic tickets i've gotten handled the same day as the trial. Any help will be greatly appreciated, so thanks in advance!

[lwpat]

You only have ten days from your court date to file an appeal. Evidently the judge and the officer forgot to communicate with the clerk. You need to pay the fine immediately.

[Hey There]

11-23-07
Skylance,
Iwpat is right.
For Traffic Violations a decision of the court can only be appealed if done within 10 days of the decision (It's 30 days for civil matters.)
The websites for Hampton County Official,Georgetown County and South Carolina Rules of Court. verify this along with other court info.
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In Your Post :
***********
In the end, they basically "suspended" the ticket (no BW, no license suspension, etc) until we hear back from the cop and see if he can remember exactly what happened.
*********************************************************___________________________________________ ______________
Questions?
Who are they?
Do you have documentation that they suspended the ticket?
Did they tell you what a "suspended " ticket meant?
What do they mean that the ticket is suspended until they hear from the officer?
Did the court request a written statement from the officer after the court's decision?
Did the officer request that the ticket be dismissed?
Have you asked to see your case file at the courthouse and have copies made?
Did you know in S.C. you are entitled to a jury trial if you request it rather than having your case heard by a judge?
Does your court have a website to print out the rules of or a printed phamphlet?
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There are lawyers who will consult for free or for a small fee $50.00 ?on a one time basis. There may be a lawyer in your area listed in the yellow pages.

Let us know the outcome of this.
Best Regards,
Hey There

[Skylance]

Originally Posted by lwpat

You only have ten days from your court date to file an appeal. Evidently the judge and the officer forgot to communicate with the clerk. You need to pay the fine immediately.

Thanks for your response, I plan to settle this ASAP.

Originally Posted by Hey There

11-23-07
Skylance,
Iwpat is right.
For Traffic Violations a decision of the court can only be appealed if done within 10 days of the decision (It's 30 days for civil matters.)
The websites for Hampton County Official,Georgetown County and South Carolina Rules of Court. verify this along with other court info.
********************************************************
In Your Post :
***********
In the end, they basically "suspended" the ticket (no BW, no license suspension, etc) until we hear back from the cop and see if he can remember exactly what happened.
*********************************************************___________________________________________ ______________
Questions?
Who are they?
Do you have documentation that they suspended the ticket?
Did they tell you what a "suspended " ticket meant?
What do they mean that the ticket is suspended until they hear from the officer?
Did the court request a written statement from the officer after the court's decision?
Did the officer request that the ticket be dismissed?
Have you asked to see your case file at the courthouse and have copies made?
Did you know in S.C. you are entitled to a jury trial if you request it rather than having your case heard by a judge?
Does your court have a website to print out the rules of or a printed phamphlet?
-------------------------------------------------------------------------------------
There are lawyers who will consult for free or for a small fee $50.00 ?on a one time basis. There may be a lawyer in your area listed in the yellow pages.

Let us know the outcome of this.
Best Regards,
Hey There

Ok, since the time for appeal is past, I'll have to try to settle this another way.

Questions?
Who are they? - The clerks
Do you have documentation that they suspended the ticket? - Yes
Did they tell you what a "suspended " ticket meant? - According to the clerks it means there won't be any type of collection action, Bench Warrants, Warning Letters and they won't suspend my license.
What do they mean that the ticket is suspended until they hear from the officer? - I asked if they could reduce the ticket, they said the only person that could do that is the officer. They aren't going to make me pay it until they see if he wants to reduce it. I've never heard of being able to reduce after the trial, but I'm willing to see if that's possible.
Did the court request a written statement from the officer after the court's decision? - I have no idea.
Did the officer request that the ticket be dismissed? - No, at least not in my presence.
Have you asked to see your case file at the courthouse and have copies made? - No, should I?
Did you know in S.C. you are entitled to a jury trial if you request it rather than having your case heard by a judge? - Yes, but I've never had a problem with any judge. They've always been fair to me, and I've never before felt like I needed to go to the extreme of having a Jury trial for just a simple traffic violation. What would be the advantages of this approach?
Does your court have a website to print out the rules of or a printed phamphlet? - Rules of what?

I may try to call the officer one more time. If i don't get any response, I guess I'll have to go down to the courthouse again and pay up.
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[Hey There]

11-26-07

Your prompt answers were helpful.

Do I have this right?
You have written documentation that the ticket is suspended. The
court clerks say no action will be taken UNTIL THEY hear from the officer: no collection, no Bench Warrants,no Warning Letters, no license suspended.


In Beat Your Ticket, Go to Court & Win published by NOLO ( Chapter 12, page 19 ) it states that if a driver comes into court and presents a decent defence the judge may reduce, or even suspend the fine.
In a FEW states if you are found guilty and fined the judge MAY listen to a plea OR read a written request that a fine be suspended OR reduced OR agree to payments on the fine The book suggests that you talk to the court clerk.
The officer DID say that you came in well prepared and presented a very good defence. Perhaps South Carolina gives the judge the OPTION of reducing or suspending the fine he initially imposed if requested to do so.
Local Courts sometimes post their court rules or have a phamphlet
explaining them. A clerk at the court where your trial was held should be able to tell you if their court has one and what the website is if they do.
I've searched the internet for a specific rule on reducing a traffic ticket fine or suspending it in after sentencing but haven't been able to bring one up. But again ,that doesn't mean that Indiana doesn't have a rule where this can be done.

One last question.(Maybe) What exactly does your documentation say about the suspended ticket? Is it in reference to the fine ? or the verdict by the judge?

The file on your case at the court may contain information on your case that you don't currently have.

You do have a valid point about a jury trial.

Best Regards,
Hey There

[Skylance]

Originally Posted by Hey There

11-26-07

Your prompt answers were helpful.

Do I have this right?
You have written documentation that the ticket is suspended. The
court clerks say no action will be taken UNTIL THEY hear from the officer: no collection, no Bench Warrants,no Warning Letters, no license suspended.

Yes, that is absolutely correct.

Originally Posted by Hey There

In Beat Your Ticket, Go to Court & Win published by NOLO ( Chapter 12, page 19 ) it states that if a driver comes into court and presents a decent defence the judge may reduce, or even suspend the fine.
In a FEW states if you are found guilty and fined the judge MAY listen to a plea OR read a written request that a fine be suspended OR reduced OR agree to payments on the fine The book suggests that you talk to the court clerk.
The officer DID say that you came in well prepared and presented a very good defence. Perhaps South Carolina gives the judge the OPTION of reducing or suspending the fine he initially imposed if requested to do so.

That's what I'm hoping. That and clearing up the mess of me allegedly not showing up for court. So, if he responds, I guess I'll find out if he remembers me coming to court, and if he can do anything now.

Originally Posted by Hey There

Local Courts sometimes post their court rules or have a phamphlet
explaining them. A clerk at the court where your trial was held should be able to tell you if their court has one and what the website is if they do.
I've searched the internet for a specific rule on reducing a traffic ticket fine or suspending it in after sentencing but haven't been able to bring one up. But again ,that doesn't mean that Indiana doesn't have a rule where this can be done.

I'll see what I can find out for you.

Originally Posted by Hey There

One last question.(Maybe) What exactly does your documentation say about the suspended ticket? Is it in reference to the fine ? or the verdict by the judge?

That's a good question, and i'm not sure about that. All I know is that I won't get a Bench Warrant, etc.

Originally Posted by Hey There

The file on your case at the court may contain information on your case that you don't currently have.

AAHHHHHHHH! So, is there a formal procedure to follow, or do I just walk in and talk to the clerk.

Originally Posted by Hey There

You do have a valid point about a jury trial.

Best Regards,
Hey There

Yeah, I'll probably utilize that from now on. I mean, if I'm gonna pay a $200 fine + $240 Court Costs, then I might as well get my money's worth! LOL. Seriously though, this is my absolute worst court experience. I've been in front of several Judges before, and I've never felt like their judgements were unfair. This one just really threw the book at me, and didn't really seem interested in the proceedings. So, before now, I've never felt that a full blown Jury Trial was necessary. I may re-think my position on that now.

Thanks for your help.