Speeding – a Strict Liability Offense in South Carolina
Under South Carolina law, speeding is considered a strict liability offense. This means that a person can still be considered guilty of speeding if it was inadvertent, unintentional, or accidental. For example, if a man was unsure of what the speed limit was in a certain area while commuting to work and ended up exceeding the speed limit, his lack of knowledge regarding the speed limit would not be considered reason for dismissal from a speeding ticket.
How much a driver is charged for speeding is directly correlated to how many points will be added to his or her license and how fast he or she was travelling. For instance, in South Carolina, a driver who travels at 10 miles per hour above the speed limit will have two points added to his or her license. Comparatively, a driver who operates a vehicle 25 miles per hour over the speed limit will have six points added to his or her license. A driver who travels at a speed 10 miles higher than the posted speed limit will also be fined less than a driver who travels at a speed 25 miles or more over the speed limit.
Available Defenses
A driver who receives a speeding ticket has the right to contest the allegation that he or she was speeding in court. When this occurs, a driver may be able to use one of the following defenses:
1. The law enforcement official did not know how to properly operate the radar equipment used to detect the driver’s speed.
2. The radar equipment used to detect the driver’s speed was not in proper working order or it was not properly credentialed to be used in speeding ticket case.
3. The law enforcement official accidentally targeted the wrong car for speeding and ended up giving a person who was not speeding a ticket.
4. The posted speed limit sign in the area was damaged in some way or missing.
Additionally, a driver may be able to claim that an emergency prevented him or her from driving at the proper speed while fighting a speeding ticket.
An Attorney Can Help
After receiving a speeding ticket in South Carolina, drivers may be concerned about how the ticket will affect their finances and insurance rates. Additionally, they may be worried about properly defending themselves in a court of law. This is where the attorneys at Nosal & Jeter, LLP come in. Contact their office today to find out more about how they approach traffic cases related to speeding.