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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30167
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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i have two traffic tickets in south carolina from 1996. The

Customer Question

i have two traffic tickets in south carolina from 1996. The Sc DMV is telling me that i need to pay a 3rd party vender to research the tickets befor they can be cleared. My question is: should the burden of proff not fall on the state not the individual?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

Are these tickets where you had court dates and did not appear? Or where you agreed to pay the fine or do community service but didn't complete it?
Customer: replied 7 years ago.
i had court dates and did not appear because i had moved to Florida and they never caught up with me. the tickets were in NC. I have paid both fines and NC has reinstated my driving privileges. However they will not allow me to get a drivers licenses until SC clears me out of NCR. SC DMV will not clear me until i pay a third party vinder to research the tickets. I have paid the reinstatement fee in south Carolina as well. My mother is in the hospital dieing she is not expected to live so i have had to put this on hold. thats why its taken so long to get back to you>
Expert:  Lucy, Esq. replied 7 years ago.
I'm sorry to hear about your mother.

The reason you have to take care of it, rather than the state is because, when you failed to appear, you were found guilty in your absence. The fact that you weren't there to protest your innocence is enough for them to impose the fine. Basically, the state met their burden, because you weren't there. They can then refer you to collections.

Usually, when this happens, the judge will also issue a bench warrant for your arrest. If that it still outstanding, you'll want to go back to court as possible to take care of the warrant. You may face additional charges for the failure to appear, which could result in higher fines. I know you said that you took care of it in North Carolina, but you may want to call the court, just to make sure there's no warrant.

Good luck.