Legal Question in Traffic Law in South Carolina

Going to Jury Trial soon-- Need Help

Hi. I would like to know the answers to a few of my questions.

First a little background.

I was ticketed for going 47 in a 30 by a state trooper. I have already been through the pre-trial phase and am now headed for jury trial in magistate's court in Greenville County, SC.

1) Is a speeding ticket specific by nature? Meaning, I was not charged with ''going fast'' or '' 46, 45, 44 in a 30.'' If I can cast doubt into the radar's accuracy would that be a valid defense?

2) If I file a Motion for Discovery specifically asking for the radar unit and tuning fork calibration records, would the prosecution necessarily have to give them to me? Or would I have to file a motion with another court(or office) to get them. Assuming the prosecution never intended to use calibration in trial.

3) What other things should I ask for in the Motion for Discovery? Videotape evidence, radar unit operator's manual, officer's notes, officer's log showing he calibrated the radar?

4) Any SC codes or regs outlining what a cop must do to insure proper operation of a radar unit. I found SC 38-011. It is very vauge and quite useless.

Thank you very much for taking your valuable time to help me.


Asked on 10/21/04, 5:20 am

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

Re: Going to Jury Trial soon-- Need Help

1.) Yes, if you can cast doubt as to the radar's accuracy then that might help you. However, being charged with 47 in 30, has the same penalty as being charged with 46 in a 30, 0r 45 in a 30, or 44 in a 30, etc. All the way down to the point of being 10 mph over. So if the jury finds that you were going 46 and not 47, you might still be found guilty.

2.) If you want to file a discovery motion, you will need to file it in the court where the case is pending then properly (legally) serve it on the prosecution.

3.) As to what else to ask for, a properly drafted discovery motion basically asks for anything and everything the prosecution is in possession of regarding your case.

4.) As to question #4., you will need to reveiw the applicable state code sections, SLED requirements, departmental policy requirements, manufacturers' requirements, etc.

Lastly, you are obvioulsy attempting to be your own lawyer. Although you have the right to represent yourself, it is highly inadvisable. There is absolutely no way in the world that a lawyer can prepare you to adequately try and defend a case. I strongly urge you to either hire a lawyer or go meet with one and consult with him/her on everything you should know. Any answers I have given here are not to be construed as preparing you for court.

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Answered on 10/21/04, 1:38 pm


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