Careless Operation in South Carolina

[jamnsc]

I was recently pulled and given an 'Careless Operation' ticket in South Carolina. The vehicle that I was pulled by was a unmarked suburban that was parked in the right lane on a two lane road. The vehicle was sitting completly in the right lane with no lights on, no brake lights on, and no blinker. Because it was in front of a house and the SUV clearly did not resemble a law enforcement vehicle, I went around it once approached. About a half a mile later I noticed this vehicle with its lights on behind me. I pulled over and was cited with carless operation for passing on a double line and given a rather large bond amount. Should I contest this or just bite my teeth and take it when I feel I was not in the wrong or did anything to harm any other driver's or pedestrians?

[chuckycheese]

I don't think you were in violation of any law, based upon your story.

[Mr. Knowitall]

Passing in an area marked by a double yellow line? That would be a violation.

[jamnsc]

The road was indeed a double line, but the vehicle was parked and as far as anyone could tell, no one was inside. The only way to continue was to go around the car. The officer cut me off when I asked what I should have done.

[jamnsc]

The violation was recorded as voiolation section no. 11-4 / offense code 94 .... in case this information helps.

[chuckycheese]

Passing in an area marked by a double yellow line? That would be a violation.

I don't think so. If a car is parked and blocking the lane, it would be unreasonable to think anyone (with any sense) would simply park behind it.

I think most traffic laws are interpreted and enforced with the good faith understanding that conditions are reasonably normal. After all, in the example above, remaining behind the vehicle (possibly for hours if the road is isolated) would be the only thing the driver could do that wouldn't be a violation.

[Mr. Knowitall]

I'm probably being too skeptical of the original story. I've been doing that lately.

[lwpat]

Sounds like a city code violation. IN SC you have the right to a jury trial. I would fax the court, if they allow it, a not guilty plea and ask for a jury trial. This will save you a day in traffic court just for the arraignment.

[chuckycheese]

I'm probably being too skeptical of the original story. I've been doing that lately.

It does sound a little suspicious to me, too!!

[jamnsc]

UPDATE: Went to court and spoke with the judge and tried to explain myself. He cut the fine in half and said that the violation would not be on my record; however, he said that the traffics law states that one must come to a complete stop behind the parked car before passing it. He said that it was just bad luck that it was an unmarked vehicle that I passed and the judge and cop had a nice little laugh. I was grateful for the ruling I guess, except for the loss of $$$$. Thank you all for the advice. This is my first experience with this website and I am by far satisfied with the quickness and intellegence of the repsonse's. Thanks!