Legal Question in Traffic Law in South Carolina

This is about a traffic violation. I was pulled over for Reckless Driving and taken to jail. I know i am not guilty and the video from the cop car will prove that. I took all the steps required to receive a copy of the video and still have not received a copy. What are my rights with that and another note is the officer did not read me my rights when he arrested me. What approach should i take when i go to court?


Asked on 3/31/10, 6:42 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

You basically asked three questions. You asked about getting the video, not being read your rights and what steps to take in court.

As to the video, I do not know what you did so I have no idea if you did was is required under the law and the Rules of Court. When a lawyer does not get what he/she is suppose to, after a properly requesting it under the law, the lawyer files a Motion to Compell and then must be ready to argue it and support that argument with the necessary legal authority.

As to the rights not being read, please do not let what you have seen on TV mislead you. They are not under and automatic obligation to read your rights. Most people do not understand that.

As far as what steps to take in court, that is almost like asking a surgeon to tell you how to perform surgury on yourself. There is simply no way to prepare you to appear in a court and practice law, which is exactly what you would be doing.

Robert Johnston

843-828-1137

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Answered on 4/05/10, 5:05 pm


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