Legal Question in Traffic Law in South Carolina

I was charged with a DUS. I rode my motorcycle up the street in my subdivision and brought it back home and parked it. Later a police officer come to my door and stated a neighbor had reported a bike driving too fast and had it on survillence from his camera on his house. The officer never seen me on the bike. Is this legal for me to be charged after the fact based off of a survillence camera at a personal residence. Will this hold up in court?


Asked on 9/28/09, 10:04 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

It is legal for a police officer to arrest someone for a crime that the police officer did not personally witness. They cannot arrest for all crimes, but for a DUS, the are allowed to and it is lawful. These situations occur frequently with Driving Under the Influence cases, when a citizen reports seeing a drunk driver, and then when the police arrive at the scene, the driver is stopped. Under that scenerio, the police are allowed to arrest the drunk driver. So in your case, the neighbor witnessing you driving the motorcycle is enough. The question is whether that witness satifies the Probable Cause requirements, and it does.

On a brighter side, there usually isn't much of a defense on DUS charges, except for one. And that is whether the State properly sent a Notice of Suspension. So naturally I'm wondering if you ever received one.

I hope this helps.

My office is in the Myrtle Beach area and I also represent people in all parts of the state. You are very welcome to call or email if you have any other question.

Robert Johnston Attorney

Location: Myrtle Beach (Horry County)

Email: [email protected]

Phone: 843-828-1137

Web Site: RobertJohnstonLaw.com

Areas of Practice: Criminal Defense & Personal Injury

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Answered on 10/03/09, 11:15 pm


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