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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 102522
Experience:  Private practice
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I received a ticket in South Carolina. When I was stopped I

Customer Question

I received a ticket in South Carolina for speeding. When I was stopped I could not find my drivers license. The officer had me write down my information exactly as it appears on my TN drivers license. He went back to his car to run my info and discovered that the Tennessee DMV system was down. He issued me a citation for speeding and a citation for driving without a license. Since I am a licensed driver is there any thing I can do to have the citation waved?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

I am sorry to hear about this situation. So this is a "yes and no" answer.

All one wants to do is to show up to the first hearing and show a copy of the license. The vast majority of prosecutors should drop the charge once they are satisfied that the license was valid at time of the ticket.

This is different. While the above may be dropped (and likely would be), the speeding is not so easily dismissed simply because one was licensed.

Prosecutor's Leverage

If this case gets to trial, the prosecutor is likely to call the officer who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened, if there is one. Normally, the Judge (or Jury, if you have a jury trial) takes the word of an officer over the Defendant.

Your Leverage
The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen.

Very often, individuals in your situation are given a "plea deal," if they have little/no traffic record. This may include a deferral of the guilty plea, reduction to non-moving violation, etc. Provided one has no serious traffic history, this is likely an option.

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