Legal Question in Traffic Law in South Carolina

Below is Section 12-1-460 of the South Carolina Code on Driving Under Suspention penalities. Please understand that the fines are deceiving as there can always be Court Costs and Assessments. Also, not all minimum sentences are mandatory, but some are. These laws are difficult to read and interpret. You are welcome to call or email if you have any other questions. I hope this helps.

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

� 56-1-460. Penalties for driving while license cancelled, suspended

or revoked.

(A)(1) Except as provided in subitem (2), a person who drives a

motor vehicle on any public highway of this State when his license to

drive is canceled, suspended, or revoked must, upon conviction, be

punished as follows:

(a) for a first offense, fined three hundred dollars or imprisoned for

thirty days, or both;

(b) for a second offense, fined six hundred dollars or imprisoned for

sixty consecutive days, or both; and

(c) for a third and subsequent offense, fined one thousand dollars and

imprisoned for not less than ninety days nor more than six months, no

portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545,

and 22-3-550, an offense punishable under this subitem may be tried in

magistrate's court.

(2) A person who drives a motor vehicle on any public highway of this

State when his license has been suspended or revoked pursuant to the

provisions of Section 56-5-2990 must, upon conviction, be punished as

follows:

(a) for a first offense, fined three hundred dollars or imprisoned for

not less than ten nor more than thirty days;

(b) for a second offense, fined six hundred dollars or imprisoned for

not less than sixty days nor more than six months;

(c) for a third and subsequent offense, fined one thousand dollars and

imprisoned for not less than six months nor more than three years.

No portion of the minimum sentence imposed under this subitem may be

suspended.

(B) The Department of Motor Vehicles upon receiving a record of the

conviction of any person under this section upon a charge of driving a

vehicle while his license was suspended for a definite period of time

shall extend the period of the suspension for an additional like period.

If the original period of suspension has expired or terminated before

trial and conviction, the department shall again suspend the license of

the person for an additional like period of time. If the suspension is

not for a definite period of time, the suspension must be for an

additional three months. If the license of a person cited for a violation

of this section is suspended solely pursuant to the provisions of Section

56-25-20, the additional period of suspension pursuant to this section is

thirty days and the person does not have to offer proof of financial

responsibility as required under Section 56-9-500 prior to his license

being reinstated. If the conviction was for a charge of driving while a

license was revoked, the department shall not issue a new license for an

additional period of one year from the date the person could otherwise

have applied for a new license. Only those violations which occurred

within a period of five years including and immediately preceding the

date of the last violation constitute prior violations within the meaning

of this section.

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