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Careless Driving in Richland County

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  • 09-14-2009, 11:48 AM
    suidaeempathy
    Careless Driving in Richland County
    My question involves a careless driving ticket from the State of South Carolina in Richland County.

    My question involves a careless driving ticket from the State of South Carolina. I had been following a an officer who was from a different county. He was excessively speeding and I was going very close to the speed limit depending on whether I was going up hill or down hill. I caught up with him because other cars were stopping to go into restaurants, gas stations, etc.

    He turned to get onto the Interstate on ramp and I turned also. Before, I could get off the on ramp and merge onto the Interstate, the officer was speeding so excessively, he was almost an half a mile in front of me. But, once again he got caught behind slow traffic and I caught up with him again just by doing the approximate speed limit. We eventually crossed the county line where he had jurisdiction. This scenario happened again, but this time I decided to write down the officers tag number so I could turn him in.

    All of a sudden the officer slowed down. I simply changed to the right lane to continue driving with my cruise control. When I got beside him, he turned on his lights and what trying to say something. I simply mouth back WHAT? I checked my speed and I was still driving close to the speed limit. He turned his lights off so I thought what ever the problem was must be okay.

    Within a few seconds, he pulled behind and turned his lights on again. I promptly stopped and got out of my car asking what was wrong? He told me to get back into my car (I had accidently locked my self out of the car) He kept shouting get back in the car. I told him to hold on because my door was locked. I eventually was able to open the door from the inside because my window was partially down.

    He came up on my passenger side and said I was disrespectful and demanded my insurance card and drivers license. He came back with a ticket for careless driving. He stated we were approaching an exit/entrance for people merging onto the interstate where lots of accidents happen and said I should have slowed down. I told him I was doing the speed limit and said he had the right to pace traffic.

    I have requested a jury trial because I believe he was the one driving carelessly. Furthermore, we were about 2 miles from the on and off ramps of the area. I think he saw me writing down his license number is what caused the encounter. How can I defend my self from this "hot dog" cop?

    :wallbang:
  • 09-16-2009, 07:39 AM
    Mr. Knowitall
    Re: Careless Driving in Richland County
    His driving conduct is not a defense to your own. Although I suppose you could try to argue that if the officer did the same thing you were merely speeding as opposed to engaging in careless driving.
  • 10-15-2009, 09:58 AM
    suidaeempathy
    Re: Careless Driving in Richland County
    There are NO points accessed for careless operation of a vehcile. This ordinance is just a money maker for the county. Furthermore, it appears this ordinance in violation of the State Constiturion of South Caroline the way the officer interpreted it. It appears Richland county is enforcing an ordinance repugnant to the State Constitution or traffic laws of South Carolina on Interstates.. The State of South Carolina clearly has traffic laws that penalizes drivers who drive over the speed limit or too fast for conditions (SECTION 56-1-720 ) that involve points and fines. By statue 5-7-30, an ordinance cannot conflict or nullify a State law The statue further states ordinances in conflict with state law conditions, expressed or implied makes an ordinance void. We shall see!
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