South Carolina  |  Traffic Law

Legal Question

Asked on: 7/25/13, 7:50 am

I was pulled over for according to the officer, he thought I was drinking a beer. Once he came to my window, he then discovered it was in fact only a bottled water, in a clear plastic bottle at that. The officer then ask me if I knew what the speed limit was on this road to which I immediately answer, yes, it's 35 mph. I ask the officer was I speeding(I know I was not, I was only doing 30-32mph). The officer never gives a direct answer but states to me that even 1mph over is considered speeding. I ask him once more, was I speeding to which he never answers at all. I stop pressing the issue not wanting to aggravate the officer. He proceeds to ask for my license and registration and proof of insurance. After running info, he returns my info and tells me to be safe. I leave to pick up my son. I return to the same area maybe 10-15 minutes later to take my son to the park and the same officer pulls me again and says that my license came back suspended. I go to jail for DUS 1st. In his initial stop, once his suspicion of the beer was proved not factual, shouldn't I have been free to go if there was no other reason to hold me there? I had committed no other traffic violations and I was not suspected of any other crimes. Everything was working properly on the car and the owner of the car had no violations in his name. The only reason for the stop was the suspicion of a beer according to the officer's own words. I've requested the officer's notes, dash-cam footage, speed/radar gun readings, etc. from this incident. Can I get this dismissed at trial stating 4th Amend. violation? My license is indeed suspended for failure to pay $300 in reinstatement fees. If I cant get it dismissed, can I pay the fees, have my license reinstated and maybe have the charge reduced to driving without a license in possession?

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