Legal Question in Traffic Law in South Carolina

Received 3 wrongful traffic tickets

In June, 2004 I received a letter saying I had to pay $550 & add SR-22 insurance because of having no insurance during an accident in which I was involved. I called the DMV in Columbia & was told my tags were suspended until I completed my requirements. That was done in July, 2004. However, each time I went to the DMV to renew my registration, I was told their records showed I was missing one or the other requirement. After numerous calls & trips to the DMV, without success, I was stopped by the police & told that my license & tags were suspended. The police took them both. At this point I returned to the DMV & demanded they clear the situation. Finally they called Columbia & found I had 2 accounts set up, one containing the $550 - the other the SR-22 insurance. Immediately they reissured my tags & license. I still have the 3 tickets, & my court date is 4/19, at which time I will be out of the country. The officer said I cannot have someone else appear in my place. What are my rights in this situation? Do I need a lawyer? Can I send a letter to the judge or someone else asking for a dismissal fo the charges? Incidentally, each time I asked the DMV about driving with suspended tags, I was told to just show my paperwork.


Asked on 2/24/05, 8:09 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Received 3 wrongful traffic tickets

Sorry to hear about your situation. It sounds like your a victim of a not-so-efficient system. It would be easier to help you if I knew exactly what you tickets were for, as you didn't say. As far as your questions are concerned, the officer is right, you cannot have someone else appear for you, UNLESS it is an attorney. You didn't say why you would be out of the country. If it was for work or the military, it might make a difference. As whether you need a lawyer, again I don't know what your tickets are for, but I would expect that you do need a lawyer. You have a legal problem that is going to court, you should have a lawyer. As far as sending a letter to the judge for a dismissal, that is not the proper procedure and you cannot rely on getting any results. Furthermore, I can't imagine a judge dismissing anything simply because they were asked to. You didn't say if the April 19th court date is the date on your tickets or a trial date. That makes a difference in getting the case continued. These are all matters that only an experience attorney is qualified to handle in a proper manner. Good luck. Your welcome to call if you have more questions. Robert Johnston 843-828-1137.

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Answered on 2/25/05, 6:50 pm


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