Legal Question in Traffic Law in South Carolina

can i be charged with a speeding ticket if i was stopped at the gas pump pumping gas, out my truck with the engine off

Asked on 6/11/11, 5:13 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I'm assuming that the officer says that he/she observed you speeding prior to pulling into the gas station. If that's the case, then yes, they can still write you a speeding ticket under those circumstances. You didn't explain anything that happened prior to pullling into the gas station so I'm without the necessary information to advise you further. I really have no idea what all happened, so I'm just guessing about the officer saying that he/she saw you earlier.

In case it helps, there is no law that requires the police to write you a ticket right there on the spot at the same time that they said you violated a traffic law. Sometimes they lose sight of the car in traffic and can actually come to the person's home later to issue them the ticket. Other times they might be just about to pull a person over, and then an emergency comes over their police radio and they have to tend to that first. Under those circumstancs they are allowed to write the person a ticket later. There are other situations that allow the offier to write and serve the ticket at a later time.

I hope this helps. By the way, in SC we have three different categories of speeding tickets. Two of them can be lowered to a lessor speeding ticket. The other one, can't be lowered, but sometimes they are willing to re-write the ticket for something else and often that something else involves no points.

Your welcome to call. Regardless of what the circumstances are in your situation, you should consult with a lawyer who can ask a few questions and get enough information to fully advise you. With these types of tickets, there are usually options.

Robert J. Johnston


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Answered on 6/11/11, 11:59 am

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