How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4194
Experience:  30 years of experience
77476456
Type Your Legal Question Here...
Gerald, Esq is online now
A new question is answered every 9 seconds

My daughter received a traffic "ticket" 48 in a 35 mph zone.

Customer Question

My daughter received a traffic "ticket" for speeding 48 in a 35 mph zone. It is in the town of Turbeville, SC. The officer printed out a paper in his car which does not look like a regular formal ticket. He also said that the price was $288.00. It does not look legitimate so I looked up on line about tickets in Turbeville, SC. It basically states that the City Council decided not to give regular tickets they would give summons to pay fines of $288, $388 or $500 and if paid they would not put points on your license. There are several articles stating that this is not legal and they have had several lawsuits against them due to this practice. I am concerned this is a practice to just bring in revenue for the City of Turbeville and not actually speeding related at all. It states in the article that the sign going from 55 to 35 is only 100 feet wherein the chief of police sits and waits for his victims. If a fine needs to be paid I am very willing to pay it. Just don't understand this City council regulation. Thank you for your time.
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Turbeville, SC is a notorious speed trap municipality. They have passed an ordinance that is in violation of State law. The ordinance charges a fine much higher than allowed by State law, and also negates State law points requirements. As such the ordinance should be unenforceable.

The SC legislature has known for some time about Turbeville's actions, but have not yet taken steps to reign them in. On the other hand it does not appear that Turbeville is reporting their citations to the SC DMV. Since the DMV is not aware of the citation they can not report it to other states, or take steps to enforce it.

Look up the citation on the following site:

http://sc.gov/OnlineServices/Pages/courtPayments.aspx

If the cittion does not appear here than SC DMV has no record of it.

You can double check by contacting the SC DMV here:

http://sc.gov/Pages/contactUs.aspx

The following site has general information on the citation process in SC:

http://www.dmv.org/sc-south-carolina/traffic-tickets.php

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 2 years ago.
I understand that the SC DMV does not have a record of this currently. But this is stated on the citation
If you fail to post bond or personally appear in court on the assigned trial date, your home state's Motor Vehicle Division will be notified to suspend your license until you have cleared this matter with the trial court. Additionally, a willful failure to appear or post bond is punishable as a separate offense by a fine of up to $2000.00 or imprisonment of up to 30 days.So, if I have read this correctly, it states that if we do not pay this $288.00 - they will send it to the SC DMV which will suspend her license and not only that, she will be fined $2000.00 or go to prison for 30 days. I don't want to have to pay the Scam of $288.00 but if in the long run my daughter is going to get in trouble in the process, I don't want that either.Please advise, thanks for your time.
Expert:  Gerald, Esq replied 2 years ago.

Contact the SC DMV and ask them if they are enforcing the tickets issued from Turbeville. I honestly do not know if they are. There was legislation introduced that would direct them not to, but I have not heard whether it passed.

If you do not get a straight clear answer from the DMV, then the safest course of action will be to pay the $288.00.

Good luck.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 2 years ago.

I apologize that I do not know the current position that the SC DMV is taking. The information on this has gone around and about over the last few years. If you DO call them, would you be so kind to Please let me know what the SC DMV tells you.

I sincerely ***** ***** the best of luck with this.

Kind regards,

Gerald