Legal Question in Traffic Law in South Carolina

I was also traveling through Nichols, SC I received a $133 ticket (39 in a 25). I'm 61 and never received a ticket until I moved to SC in 2008. Now this is my 3rd in 3 years all in small SC town speed traps. I was even watching the speed limits and would like to challenge the way Nichols post its signs. Can I do this and hope to get off. The officer already admitted its confusing but said I need to come to court to get a 2 point reduction.

Asked on 3/26/11, 2:59 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I can't answer that question unless I was to actually go see where the signs are and evaluate the situation for myself. Otherwise, I would just be guessing and that wouldn't be fair to you.

You might want to try and find out if anyone before you has ever made that challenge in court. Also, there is quite a lot you would need to know in order to do this yourself, without the assistance of an attorney. You need to know that if you do this, you would be going to trial. You would need to decide if you wanted to have a Bench Trial or a Jury Trial. You then would probably need to have photographs and maybe a map marked up with where the signs are and where they change speeds and so forth. Another thing is if you go to trial and you lose, then you will most likely be convicted of the 4 point violation, and you will lose your opportunity to get the 2 points that you could get if you went to court like the officer suggested. There is also the headache of knowing how to practice law, make objections, admit evidence, and so forth.

I admire your courage and your conviction to do the right thing. But there is a lot for you to consider here. I could keep typing about this for an hour, but enough is enough. I'm sure by now you have the picture. People need to know which battles are worth fighting and which ones are not.

You might want to consider going to court, accepting the 2 point reduction, and then getting involved in town counsel meetings, or whatever other venue is available to get the sign problem fixed.

I really can't tell you what to do. I just wanted to point a few things out for you to consider.

I wish you well.

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Answered on 3/26/11, 4:19 pm

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