Legal Question in Traffic Law in South Carolina
hit and run charge
My husband is charged with a hit and run incident that occured on private property (section 56-5-1240). The way I have read and understand this Title of SC law, a person cannot be charged with a moving violation on private property. This is what I understand section 56-1-20 to state. Is my interpretation correct? If so, what recourse do we have to get this charge dropped?
1 Answer from Attorneys
Re: hit and run charge
First of all, I commend you for taking the time to look up the law and trying to understand it yourself. Most people would not bother. As to your question, no, you are not interpreting it correctly. Section 56-1-20 simply states that a person that drives on a highway in South Carolina, must have a valid drivers license. This doesn't mean that they cannot be issued a traffic ticket for something that happened on private property. Its apparent from reading the statute that a person does not have to have a drivers license on private property, but still, it doensn't shield them from receiving a ticket on private property. As to section 56-5-1240, it speaks for itself, and requires the driver of a car that has just hit another car, has a duty to try and contact the owner. This section doesn't say anything about whether it is private property or not. It simply states what the drivers' responsibility is. Therefore, your husband's ticket was valid. Quite often a lawyer could get the charges dropped or reduced by meeting with the police and solicitor and negotiating. There are steps your husband can take that could help a lawyer on court day. You should consult with your attorney for advise. Good luck. Robert Johnston (843) 828-1137
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