South Carolina Traffic Violation Records

Traffic violation records in South Carolina are official documents that detail instances of individuals violating the state's traffic laws. These records are managed by the South Carolina Department of Motor Vehicles (SCDMV) and the courts within the state. Speed limit violations are some of the most commonly reported and recorded traffic violations in the state. South Carolina ranks in the top five states with the most speeding tickets. Approximately 13.5% of drivers in the state have a prior speeding violation on their driving record. The national average is 10.5%.

South Carolina uses a point system for traffic law violators aimed at protecting innocent persons from reckless and careless drivers. Accumulating too many points can have serious consequences. For example, a driver's license may be suspended or revoked, and insurance premiums may increase as a result of the elevated risk associated with traffic violations. Repeat or serious offenses can also lead to mandatory driving courses or court appearances, especially in cases involving reckless driving, DUI, or driving with a suspended license.

Are Traffic Violations Records Public in South Carolina?

Traffic violation records are generally considered public records in South Carolina under the provisions of the state Freedom of Information Act (FOIA). Hence, anyone may submit a request to obtain information about traffic tickets, citations, and related court proceedings, subject to certain limitations. Note that the release of customer information in South Carolina is governed by the laws such as the South Carolina Family Privacy Protection Act of 2002 and the Federal Driver Privacy Protection Act (DPPA). According to the DPPA, personal information contained in driving records must be kept safe by limiting the circumstances under which the SCDMV may release such information.

Traffic records maintained by the courts in South Carolina are also generally considered court records, except when they have been sealed by the court. Note that traffic crimes, such as violations of traffic regulations considered misdemeanors and felonies are handled by the municipal courts and magistrate courts, depending on the nature of the offense. Anyone may submit a request to the office of the clerk where the cases were handled to obtain copies of non-public traffic records kept by the courts.

How To Look Up Traffic Tickets in South Carolina?

You may look up traffic tickets in South Carolina through the South Carolina Judicial Branch's Traffic Ticket Search. This tool allows the public to search by citation number, driver's license number, or name. Alternatively, South Carolina traffic tickets may also be accessed through trusted third-party platforms like publicrecords.us.

If you have lost your traffic ticket, you may call the South Carolina Department of Public Safety at (803) 896-7920 to obtain more information.

Where Do I Pay Traffic Violations?

You may pay your ticket online in the following ways:

• Locate your case number using the traffic ticket search tool
• Visit the South Carolina courts payment portal
• Select the county or municipality where you received the ticket, and provide your last name and case number
• Select "Locate Case" and proceed to the next screen
• Click "Confirm Payment" to pay the ticket. Enter your cardholder information to make the payment.

How Much Does It Cost To Request Your Driving Records Online?

You may obtain your driving record online via the SCDMV portal, by mail, or in any branch office. Note that to obtain a full driving report of another driver, you must obtain the consent of the driver or have a specific reason for the information according to the federal Driver's Privacy Protection Act of 1994.

If you are completing the process online, you will need to provide the following before you can complete the process:

• Driver's license, beginner permit, or ID number
• Issue date of driver's license
• Social Security number
• Date of birth

OR

• Customer number
• Social Security Number
• Date of birth

If you are completing the process by mail, send a completed MV-70 form and a check or money order made payable to the SCDMV to:

A South Carolina driving record costs $6 and contains either a three- or ten-year driving record. A South Carolina driving record contains information such as traffic violations, suspensions, revocations, and accident details.

What Are Moving and Non-Moving Violations in South Carolina?

Moving violations are traffic offenses that occur while the vehicle is in motion. Examples of moving violations in South Carolina include the following:

• Speeding
• Reckless driving
• Running a red light or stop sign
• Driving under the influence (DUI)
• Improper lane change
• Failure to yield
• Following too closely

The penalties for moving violations include fines of up to several hundred dollars, points added to the driver's record (which may lead to increased insurance premiums and license suspensions), and jail time for serious offenses such as reckless driving and DUI.

Non-moving violations occur when a vehicle is stationary or involves administrative issues. Examples of non-moving violations in South Carolina include the following:

• Expired registration
• Parking violations
• Driving without insurance

South Carolina penalizes non-moving violations with fines and potential vehicle impoundment for repeated offenses or lack of insurance. However, the penalties for non-moving violations are less severe compared to those for moving violations. Usually, the penalties for non-moving violations do not include the addition of demerit points on driving records.

How Long Does DWI Stay on Your Record in South Carolina?

A DUI conviction remains on your driving record for 10 years in South Carolina and on your criminal record indefinitely unless it is expunged. South Carolina has the highest rate of drunk driving-related deaths in the United States. The state records 267 DUI arrests and 11.6 DUI road fatalities per 100,000 drivers.

The penalties for a first-time DUI offense where the Blood Alcohol Content (BAC) is lower than 0.10% include a $400 fine (although court fees may raise this to over $1,000), up to 30 days in jail (this may be substituted with community service), and a driver's license suspension for six months. In addition, the offender must enroll in the Alcohol and Drug Safety Action Program (ASDAP) and carry a SR-22 insurance for three years. This premium typically results in higher insurance premiums. If the driver's BAC is 0.15% or higher, they will also be required to install an ignition interlock device (IID) on their vehicle, either upon reinstatement or as a condition of early reinstatement.

For a second DUI offense within ten years, the consequences become more severe. Fines range from $2,100 to $5,100, again excluding additional court costs. Jail time increases to a minimum of five days and up to one year, and this minimum sentence cannot be suspended. The driver's license will be suspended for at least one year, and the offender may be required to install and maintain an ignition interlock device for a designated period upon reinstatement. Repeat offenders must also complete the ADSAP program again and maintain SR-22 insurance.

What Are the Penalties for Breaking the Speed Limit in South Carolina?

Per Section 56-5-1520 of the South Carolina code, the state mandates the following speed limits unless otherwise posted:

• Urban areas: 30 mph
• Vehicles and trailers on non-interstate highways: 45 mph
• Primary highways outside urban areas: 55 mph
• Multi-lane divided highways: 60 mph
• Interstates and other freeways: 70 mph
• Other roads: 55 mph

Speeding fines in South Carolina vary depending on how far above the limit a driver exceeds. Fines start at $15 to $25 for 1-10 mph over the limit and gradually increase with higher speeds:

• 11-15 mph over: $25 to $50 fine.
• 16-25 mph over: $50 to $75 fine.
• Over 25 mph: $75 to $200 fine, potentially requiring a court appearance.

Additional court costs and fees may almost double the total fine, varying by county and ranging from $25 to $150. Also, late payments may result in penalties such as extra fees or arrest warrants. Furthermore, South Carolina uses a point system to monitor traffic violations in the following ways:

• 1-10 mph over: 2 points added.
• 11-24 mph over: 4 points added.
• Over 25 mph: 6 points added.

Accumulating 12 or more points may lead to license suspension:

• 12-15 points: 3-month suspension
• 16-17 points: 4-month suspension.
• 18-19 points: 5-month suspension.
• 20+ points: 6-month suspension

How Long Does a Speeding Ticket Stay on Your Record in South Carolina?

A speeding ticket may remain on your driving record in South Carolina for up to five years.

How To Appeal A Traffic Ticket?

If you have been issued a traffic ticket in South Carolina, you may defend yourself in court using the following strategies:

• Challenge the Officer's Observations: You may argue that the officer's judgment of your actions was subjective or influenced by external factors, such as weather or traffic conditions.
• Question the Accuracy of Speed Tracking Devices: You may also request maintenance and calibration records for radar guns or other devices used to measure your speed. A faulty equipment may invalidate the ticket.
• Argue Necessity: You may demonstrate that your actions were necessary due to an emergency, such as rushing to the hospital.
• Dispute Evidence: Review the ticket for errors or inconsistencies, such as incorrect dates, times, or vehicle information.
• Provide Witness Testimony: Present witnesses who may corroborate your version of events, such as passengers or bystanders.

However, you should consider hiring a traffic attorney to represent and defend you in court if the offense carries severe penalties, such as significant fines, license suspension, or even jail time. Additionally, if you have prior violations or repeat offenses, hiring an attorney may help you avoid harsher penalties. Another circumstance in which you should consider hiring an experienced traffic attorney is if your violation may lead to a significant increase in your insurance premiums. Hiring a lawyer in this case may help mitigate the penalties for your actions.

How To Resolve an Out-of-State Traffic Ticket?

South Carolina participates in the DLC (Driver License Compact), which is an agreement among most U.S. states to exchange information about driver convictions for traffic violations. If you receive a ticket in another DLC member state, South Carolina will be notified, and the offense may be added to your SC driving record. South Carolina is also a member of the NRVC (Non-Resident Violator Compact). Therefore, if you get a traffic ticket in another NRVC state and fail to pay or respond, the issuing state will notify South Carolina, and the SCDMV may suspend your driver's license until you resolve the out-of-state violation.

You may contest an out-of-state traffic ticket by following these steps:

• Contact the Court: Reach out to the court listed on the ticket to notify them of your intent to contest. Request details about the hearing process and whether remote appearances are allowed.
• Gather Evidence: Collect any evidence that supports your case, such as photos, witness statements, or maintenance records for speed-tracking devices.
• Hire a Local Attorney: Consider hiring an attorney familiar with the traffic laws of the issuing state. They can represent you in court and help build a strong defense.
• Request a Hearing: Schedule a court hearing to present your case. Be prepared to travel if remote appearances are not permitted.
• Present Your Defense: Use evidence and legal arguments to challenge the ticket. Common defenses include disputing the officer's observations or questioning the accuracy of speed-measuring devices.

How Do South Carolina Traffic Laws Differ From Other States?

Many traffic laws are widely adopted by states across the nation. However, each jurisdiction may modify the specifics of shared traffic laws or impose certain unique laws. Some unique traffic laws in South Carolina include the following:

• First-time DUI penalties are harsher than in some other states, including mandatory Alcohol and Drug Safety Action Program (ADSAP) enrollment.
• Unlike many states offering automatic point reductions for completing a defensive driving course, South Carolina does not remove points retroactively. However, drivers may take a certified defensive driving course once every three years to reduce points going forward, but not for past violations.
• Adults aged 21 and over are legally permitted to ride motorcycles without wearing a helmet, as outlined in S.C. Code § 56-5-3660.
• When turning or changing lanes, S.C. Code § 56-5-2150 requires drivers to activate their turn signals at least 100 feet in advance.
• Operating an electric personal assistive mobility device, such as a Segway, at speeds exceeding 15 miles per hour is considered a violation under S.C. Code § 56-5-3310.