How do I fight a speeding ticket in South Carolina?

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Accepted Answer

South Carolina speeding tickets are tried in magistrate or municipal court depending on jurisdiction.

1. Pay vs. Contest

Pay: guilty plea entered, conviction sent to DMV.

Plead not guilty / request trial: officer must appear; case dismissed if absent. Magistrate/municipal bench trial. No jury for most speeding (jury available for some moving violations).

Plea bargain: city solicitors often amend to non-moving 'too fast for conditions' or unrelated infractions on first offense.

2. Speed Limits & Reckless Threshold

SC Code § 56-5-1520 sets posted limits (70 mph rural interstate).

Reckless driving (§ 56-5-2920): misdemeanor — up to 30 days jail, $25-$200 fine, 6 points. Often charged at 25+ mph over.

Driving too fast for conditions (§ 56-5-1520(b)): catch-all that often becomes a plea-down.

3. DMV Points

2 points: 10 mph or less over

4 points: 10-25 over

6 points: 25+ over (also reckless)

12+ points = suspension (3 months at 12-15 points; longer at higher). Points reduce automatically by half after 12 months from violation date.

4. Defensive Driving Course

SCDMV-approved Defensive Driving Course (must be on the approved list) subtracts up to 4 points off the active total. Available once every 3 years.

5. Defenses & Discovery

Subpoena via SCRCrimP Rule 17: officer, radar/lidar calibration log.

SC Code § 56-5-1923 requires that radar/lidar be on SLED's approved list and properly certified.

State v. Wright governs radar admissibility.

6. Insurance Impact

SC uses a separate insurance points system (SC Insurance Code regulations) — typically surcharges for 3 years.

7. CDL Holders

49 CFR § 384.226 — no diversion or plea-down to mask CMV conviction.

This is legal information, not legal advice.