When drivers operate a vehicle, they often believe that the speed limit is merely a guideline for how quickly they can travel. However, drivers who believe this may end up being fined for speeding due to South Carolina’s absolute speed limit law. Drivers who are fined for speeding may also have points added to their driving record and find that their insurance rates rise as a result of the speeding offense.

Absolute Versus Basic Speed Laws

Under South Carolina’s absolute speeding law, drivers are considered guilty of speeding if they go above the posted speed limit by any amount. For example, if a driver goes 41 mph in a 40 mph speed zone, he or she can be fined for speeding. However, this does not mean that drivers will not be pulled over and fined if they are going under the speed limit, especially when it is determined that they are going an unsafe speed for the current conditions of the road. For instance, if a driver is going the posted speed limit on the freeway during a period of dense fog that makes it difficult to see, a law enforcement official may pull over the driver for not going an appropriate speed.

An absolute speed law differs from a basic speed law because in places where a basic speed law exists, drivers can be fined solely on the basis that they were going at a faster speed deemed reasonable and prudent for the current conditions. However, this does not necessarily mean that drivers are permitted to exceed the posted speed limit by a substantial amount if they determine that it is safe to do so based on the conditions.

A Few Possible Defenses to a Speeding Citation

Drivers who are fined under South Carolina’s absolute speed limit law may be able to use a few different defenses to contest the speeding offense. These include the following:

• The law enforcement official who gave the ticket used an inaccurate method to determine how quickly the offending driver was travelling.
• An emergency prompted the offending driver to travel at a speed that was higher than the posted speed limit.
• The law enforcement official targeted the wrong vehicle for speeding and should have ticketed the driver in another car.

Regardless of which defenses are available to drivers fined for speeding, those who wish to defend themselves in a court of law may benefit from working with a legal professional. Drivers who would like a free consultation on their speeding ticket and how our experienced traffic ticket defense lawyers can help can contact the office of Nosal & Jeter, LLP at (803) 351-3597.