Since I seem to be on a roll with traffic violations and DUI's lately, I thought I'd do a few more and shed some advise on what to do and what not to do when pulled over.
First of all, the road is the police officer's forum. You will not win an argument no matter how right you are and no matter how well you present your side of the story. All you are going to do is make the officer mad. Especially if he starts to see that he is wrong. He/she will not admit it. The best thing you can do is be nice and polite, no matter how hard that might be. There will be another day and when that day comes, it will not be solely the officer's forum. It will be a court of law and you'll have an even playing field.
Another thing to be aware of almost all, if not all, South Carolina patrol cars have video camera and microphones. The microphones are wireless and the officer has the mic on him, even though you cannot see it. The officers will turn that equipment on each time they pull someone over. So remember that anything that you say is probably being taped and recorded.
When you are pulled over the officer has the right to tell you to get out of the car, and that goes for your passengers as well. He/she also has the right to "pat" you and your passengers down. That is in the law for officer safety.
If you get a speeding ticket, you do not have the right to see the radar and it's a waste of time to even ask, so don't bother.
Do not assume that just because you may be 100% guilty of the traffic violation that there is nothing that can be done. There is a lot of give an take in the traffic courts and many of those violations can be reduced. And that includes the fine amount and the points. You owe it to yourself to contact and attorney and see what can be done. Traffic tickets are routinely reduced and its been that way for years. If you have two or more, then often they will be willing to dismiss one or more, depending on how many you might have.
The courts in this particular area, Myrtle Beach, Conway, Georgetown, Murrells Inlet, Garden City, and the surrounding counties I have practiced in for years. By and large the police, judges, solicitors (prosecutors), are very accommodating with working with attorneys in negotiating traffic tickets. Its just a phone call to see if something can be done and its certainly worth the few minutes it takes to find out.
As for out-of-state pulled over here in Myrtle Beach and elsewhere in SC, if you have not read what I posted on December 14th, then you really should. Scroll down to see it. There is some invaluable information for out-of-state drivers and the whole process can be entirely different.
Pay very, very close attention to the court date on your ticket. In fact, read the whole ticket. You cannot get out of a ticket because a word is mis-spelled, or the wrong word was used, like you see on TV. But it's a good idea to read the ticket and if there is anything incorrect on it be sure to point it out to the attorney you talk with.
The court date is of extreme importance. If you miss the court date, usually what happens is the officer that gave you the ticket will have been there. They then have a Bench Trial in your absence, which they are allowed to do. The officer will explain what happened and that will be the only information the judge will have to decide the case and you will lose. It is possible for an attorney to file a motion to reopen the ticket if you miss court, but you will need an extremely compelling reason for missing it and even then, there is no guarantee the judge will grant the motion.
Speaking of television, erase everything you have ever heard or seen on TV. Its seldom correct. I've seen people go into court without an attorney and look silly arguing with the judge that the city police officer did not have jurisdiction to write a traffic ticket because they were pulled over outside the city limits. They did not realize that a city officer has jurisdiction in the entire state of South Carolina to write tickets and make arrests up to three miles past the limits. A lot of other misunderstandings can occur which just result in unnecessary headaches. Call a lawyer.
You may see where the officer wrote a dollar amount on the ticket. He/she may have written bond next to it. That is simply a recommended fine amount and is not anything official.
Should you decide to go to court without being represented by an attorney and are offered a Bench Trial, be careful. A Bench Trial is a trial with no jury and the judge decides if you are guilty or not-guilty. Although people have won Bench Trials without an attorney, it does not happen often. Be aware that the officer is experienced with this, he/she knows how to talk in court, present the case, explain the allegations, and its extremely easy to get nervous and not be successful. There are certain rules of evidence that restrict what you can say and cannot say, what questions you are allow to ask and questions you are not allowed to ask, and so on. It is not advisable to do this on your own, but you have the right to. Once you have the Bench Trial and the judge rules, that's it. There's no turning back and there is no negotiating. That was your day in court and what ever the judge decides is the courts' ruling. You will be stuck with that decision, unless you appeal, and appealing is a gigantic headache. You cannot appeal simply because you did not like the judge's decision. You can only appeal if there was some sort of a judicial error or mistake of law.
All traffic violations are handled by magistrate courts and city courts, also called municipal courts. Unless you are an attorney, a courtroom can be a very intimidating place to be. If you should decide to go it alone and once your in court you find yourself nervous, unsure of what is going on, or for any other reason regret having made that decision, then you have an absolute right to request a jury trial and they will have to let you go and the jury trial will be scheduled on another date. Requesting a jury trial does not necessarily mean that you will have one. What it does is it saves you from going forward with the bench trial, it preserves your right to have a jury trial if you should decide that you truly want one, and it give you time to consult with an attorney.
Phone calls and questions are always free. If you have received a ticket your are more than welcome to call.
