Legal Question in Traffic Law in South Carolina

Controlled substance violation

Robert Johnson

I was arrested on 10/10/2006 for possossion of pot. 7g. I was released on an OR bond. I called an attorney who is a friend that said he would take the case. After 3 yrs I hadnt heard a word from him or the court. then was sent a court date in late Dec of 08. I called the magistrates office and they told me that if I paid the fine. $657 that was all there would be to it. Then signed a waver to release the lawyer so the case could be closed, again the magistrates office said it was all over with, and that no further action would be taken against me.

I just recieved a letter telling me my lic was suspended as of 3/7/09 for 6 mos. I wasnt driving the car, the car wasnt even mine. I was using the car but wasnt aware that anything was in it. I took the blame for it though, as it was my girlfriends car. the section of law is

56-1-745. seems that the magistrates office should have told me that paying the fine would result in loss of my lic. I could have had the attorney represent me and went the pre trial int. as I have had no previous drug related charges in the past.


Asked on 2/27/09, 8:12 am

1 Answer from Attorneys
Elizabeth Hyatt E.H. Robinson Law, LLC

Re: Controlled substance violation

The problem is that no one explained the consequences of pleading guilty to a simple possession charge to you. Simple possession of marijuana carries a fine, a possible jail time, and a mandatory license suspension. It doesn't matter if the marijuana was found in a car, YOUR car, your house, your pocket, if you were driving or not...it carries a license suspension anyway.

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Answered on 2/27/09, 8:28 am


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