Legal Question in Traffic Law in South Carolina

My fiance recently got stopped & was taken in on old traffic tickets and got his 2nd DUS. He was told by some people that on the 2nd it was mandatory jail time, but everything I have found is on the 3rd offense. Is it true?


Asked on 10/16/12, 10:31 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

You are right. The Third Offense has mandatory jail time. But you have to be carefull. It used to be that in order to convict someone of a third offense, they had to have been convicted of a second offense. That is not true now. The law now reads that they can convict someone of a third offense who only has two first offense convictions. In other words, they can now go back and literally count the convictions.

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Answered on 10/16/12, 1:22 pm


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