How do I contest a traffic ticket in South Carolina?
In South Carolina, people who want to contest a traffic citation generally do so by appearing in the court listed on the ticket and asking for a hearing. For many traffic offenses, the officer must give the citation in person at the time of a traffic stop, and the citation will direct the recipient to the court date or procedures for contesting the charge. A court conviction or plea that results in a fine or bond forfeiture is typically reported to the Department of Motor Vehicles.
Some offenses carry limits on release on personal recognizance and failing to appear when required can be a criminal misdemeanor. Photographic or video evidence cannot be the sole basis for a speeding or traffic-control-device citation issued without a traffic stop, though such evidence may be used at a hearing to support an officer's testimony.
Current South Carolina law
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The deadline that matters
Appear on the date listed on the uniform traffic citation; failing to appear as required may be a misdemeanor under S.C. Code Ann. § 56-25-40.
What South Carolina law says
The law generally requires that a law enforcement officer issue a uniform traffic ticket in person and give a copy directly to the driver at the time of a traffic stop for speeding or for disregarding traffic control devices, and prohibits issuing such citations based solely on photographic evidence in those contexts, although photos or video may be used at a hearing to corroborate an officer's testimony, under S.C. Code Ann. § 56-7-35. Courts must notify the Department of Motor Vehicles when a person charged with a traffic violation is convicted or otherwise pleads and has paid the fine or forfeited bond, under S.C. Code Ann. § 56-5-6230. Certain offenses bar release on personal recognizance and a willful failure to appear as required by a uniform traffic citation may be a misdemeanor, under S.C. Code Ann. § 56-25-40.
What to do
A common first step is to read the citation carefully and note the court and the appearance date listed on the ticket.
A common option is to contact the court named on the citation to ask how to request a hearing or enter a plea before the appearance date.
A common step is to bring the original citation and any evidence (photos, video, witness statements) to the scheduled hearing to present to the court.
A common practice is to request and keep copies of any police reports and to confirm whether the court will notify the Department of Motor Vehicles after disposition.
A common precaution is to appear on the date listed or obtain a continuance from the court, because failing to appear can lead to criminal penalties.
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Common questions
Can a speeding ticket be mailed to me in South Carolina?
For speeding and for disregarding traffic-control-device violations, the law generally requires the officer to give the citation directly to the driver at the time of the traffic stop and does not allow issuing such a citation by mail or electronic delivery, under S.C. Code Ann. § 56-7-35.
Will the court tell the DMV if I am convicted or pay the fine?
Yes, a magistrate's court, municipal court, or other court of competent jurisdiction must notify the Department of Motor Vehicles when a person charged with a traffic violation is convicted or has paid the fine or forfeited bond, under S.C. Code Ann. § 56-5-6230.
What happens if I do not appear in court on the citation date?
A willful failure to appear as required by a uniform traffic citation without posting bond or getting a continuance is treated as a misdemeanor, which can bring fines or jail exposure under S.C. Code Ann. § 56-25-40.
Can photographic evidence alone be used to issue a speeding ticket?
Photographic or video evidence may not be the basis, in whole or in part, for issuing a uniform traffic citation for speeding or disregarding traffic-control devices without a traffic stop, though such evidence can be used at a hearing to support an officer's testimony, under S.C. Code Ann. § 56-7-35.
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This page provides legal information about South Carolina law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
