Careless Driving Ticket in South Carolina

**firedawgy** · 02-01-2005, 10:48 AM

Wife got pulled over the other day in morning rush hour traffic for looking at her work notes while she was in stopped traffic. She wasn't moving as nobody was that early in the morning. When traffic started moving she put down her notes and started moving with traffic about 2 car lengths behind the car in front of her. The cop pulled her over when she started moving with traffic and cited her for Careless Driving. She was doing nothing dangerous to herself or anyone else. I have read that the cop has to prove that she was doing a dangerous act. Is this right. We plan on fighting this and pleading not guilty. Any advice from anyone who has had this trouble or who knows about it. Thanks all

**Anonymous** · 02-01-2005, 05:01 PM

Is there a specific statute or code section noted on the statute for the violation? Did the officer write any notes or comments on the ticket?

**firedawgy** · 02-01-2005, 05:31 PM

Says violation section 11-7, careless operation, and offense code 94. Hope we can get something tonight, winds out she has court tomorrow. Thank you for your help

**Anonymous** · 02-01-2005, 05:35 PM

Did the officer write any notes or comments on the ticket?

**Anonymous** · 02-01-2005, 09:13 PM

It sounds like she was ticketed for an ordinance violation, so it is hard to know the specific elements of the charge so as to pinpoint defenses. Most South Carolina "careless driving" ordinances don't carry driver's license points for a first offense. You can find more information here.

If the officer made a note on the ticket about the conduct at issue (e.g., "Driving while reading"), you can be pretty sure that's what the officer will say he observed if you go to court. If there is no notation, the officer probably has notes or a report which he will use to refresh his memory - and, if possible, it will be helpful for you to review that information so you know what the officer is likely to say, although given that the hearing is tomorrow you may not get a chance prior to the hearing. (If the officer testifies you will probably be permitted to ask if he reviewed any notes or other materials to refresh his memory, and if he indicates yes you should be able to request and examine those materials.)

**firedawgy** · 02-07-2005, 02:32 PM

well just an update. We went to court, on time, wanted for our turn and no cop. He was an hour late and we had to stay, I was pissed. Anyway we get up there and the judge says "Officer "Idiot" (my name for him) is this an accident ticket?" and Officer Idiot says that he has no notes or even the copy of the ticket for that violation. So the judge says goodbye and it was dismissed. The stupid thing was my wife got another ticket on the way to the court. Another Careless operation ticket, the cop said she changed lanes in a right tur only lane. The lane was about to come to an end and she had to change lanes, she signalled and someone let her in, the lines were stiped not solid and she changed lanes as soon as she saw the only sign that the lane was gonna end. There were lots of people getting ticketed for the same thing because they had them all pulled in a parking lot. So we have to go back for that one. I am getting the impression that this Carless Operation is just a catch all ticket, when the officer has nothing else to write up on and they hope that some or most won't fight it and just pay the fine. Well not this time, she did nothing illegal or dangerous and thats what Officer Idiot has to prove in court.

**Anonymous** · 02-07-2005, 08:05 PM

Next time, if your impression is accurate, you may find a somewhat different scenario. Specifically, you may find that many of the tickets issued on that day (or as part of this program) have been scheduled together, that the prosecutor is aware of this "ticket the late mergers" program, and that they are offering some form of standard deal to anybody who was ticketed.

I don't know if it will change the outcome, as there doesn't seem to be anything that makes late merging of itself dangerous. And Officer Idiot II, in all likelihood, will have no recollection of the incident save for something along the lines of "we were pulling over people for merging late". A fair question is, "How many accidents occurred at that location on that day due to late merging? (or that week?)" Probably zero, which in the context of the mass issuance of traffic tickets suggests that whatever danger is posed, it is more attenuated than the "carless driving" charge would suggest.

**dblock_411** · 02-25-2009, 07:21 AM

The same thing happened to me about an hour ago...i was driving and approached a stop sign and stop. cars passed me and i turned to the side and an officer was parked in a parking lot. then i proceeded to turn out and he turned right behind me. i was given a ticket for Careless 1 Non Speeding..im not sure wats that for he said i ran the stop sign and there was no way i could have done that with traffic passing. the offense code was 94 and the violation section is 9-6.33....can i please get some help because i felt like hes trying to get over on me. thanks in advance!