Legal Question in Traffic Law in South Carolina

Traffic Laws of South Carolina

A few months ago, a friend was bringing me back home. We were pulled over by a police officer who stated my friend had made a wide turn and asked had he been drinking, my friend stated ''a couple of beers.'' By that time another officer had driven up and we were asked to step out of the vehicle. While the latter officer talked with us, the other officer search my friend's car and found a beer can with a small amount of beer inside beneath my seat (passenger seat). To make a long story short, my friend was given a warning and I received a $225.00 ticket for having a open container. How can I receive a ticket for having a open container, when it wasn't my car and I wasn't driving? As God as my witness, it wasn't my beer. Also, the officer wrote a statute that I can't find anywhere in the South Carolina Code of Laws. Is there anything I can do to fight this ticket?


Asked on 8/07/01, 1:03 am

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: Traffic Laws of South Carolina

I have often seen traffic tickets with an obsolete statute number on the ticket. You should request a jury trial in writing to the summary court judge listed on the ticket. Find an attorney to go with you. After the jury has been sworn, and the officer finishes testifying, make a motion to dismiss the ticket based on the wrong statute.

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Answered on 8/07/01, 8:50 pm


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