Legal Question in Traffic Law in South Carolina

Reckless Driving Ticket

My husband underwent an Upper Endoscopy, which is supposed to be a routine procedure, but started experiencing severe chest pains abt 1 hr later. I contacted the doctors office & was told to take him to a specific hsp immediately. Approx 1/8 mile from the hsp I passed a Chas City unit who initiared a traffic stop with flashing lights. Due to the fact my husband was in dire need of medical attention & that I was only 1/8 mile from the hsp I did not stop. Also there was heavy traffic & their was no safe place to stop.

Upon arrival to the ER I attempted to explain. Unbelievably the officer started ranting abt taking me to jail & nvr offered me the chance for an explanation. Ultimately I was cited for Reckless Driving.

I have drafted a ltr to the Chief of Police who turned the matter over to a Sgt. To date I have spoken with the Sgt. & he told me it was turned over to someone else. Initially he told me it may be reduced to Speeding but I nvr admitted to speeding. At this point I am awaiting a response.

What is the best way to fight this ticket? Hire an atty, req a jury trial or deal with the judge? Also I nvr admitted to speeding but the officer mentioned I was doing 73, how does this factor into the charge?


Asked on 12/29/08, 10:26 am

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

Re: Reckless Driving Ticket

Here are your options:

1. You can pay the ticket. Obviously that is not what you want or you would not have posted this question.

2. If you show up on your court date, you will be able to have what is called a "Bench Trial." This is basically where the police will tell their side of the story and you will tell your side and the judge will decide. This is rarely the smart way to go and I do not avise it. Generally you are far better off having a lawyer represent you and presenting your defense to the prosecutor prior to any court proceeding and attempting to resolve the case that way. If the lawyer is unable to resolve the ticket with the prosecutor, then you have the next option,

3. You are entitled to a jury trial. This is considered far better than a Bench Trial, because in order to be found guilty with a jury trial all six of the jurors would have to vote for guilty. Therefore, all you need to do is convince just one person out of six that you are not guilty. You can see why this is better than a Bench Trial. At a jury trial, you could present the defense of what is called, "Emergency." You then would have to convince the jury that you had a dire emergency and it was necessary for your husband for you to have done what you did.

As far as whether you should go to trial or not, I cannot advise you either way without talking with you. As far as the speeding ticket is concerned, the police can amend the original ticket to speeding if they believe that you were in fact speeding. The best thing you can do is consult with an attorney about all of this. You also should consult with an attorney in advance of your court date. You are welcome to call or email to: [email protected]

Robert Johnston

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Answered on 12/29/08, 2:01 pm


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