South Carolina Police Illegally Ticketing Drivers Under Guise Of Highway Safety

Posted by Christopher Shumate | Dec 17, 2012 | 0 Comments

The Ridgeland, South Carolina Police Department has undertaken a new approach to traffic enforcement along I-95. Under a supposed effort to improve highway safety and lower the number of fatalities on I-95, the Ridgeland initiated the I-95 Public Safety Program. The Program has since come under quite a bit of public scrutiny. Basically, iTraffic (an independent contractor) utilizes an automobile on I-95 equipped with a radar and video camera to document a driver's speed, the identity of the operator, and the tag of the vehicle. The company targets vehicles traveling 11 mph over the posted 70 mph speed limit. Subsequently, the Chief of Police sends a letter to the driver with a ticket if the Police can match the driver's picture with the license and tag information. The citation results in a fine ranging from $100 to $300, which can be paid without affecting the driver's record. It appears that most of the ticketed motorists simply pay the fine, rather than appearing in court to dispute the charge. As noted on our website, there are a variety of reasons this approach is the wrong approach.

WISTV.COM, SC Mayor Defends Controversial I-95 Speed Trap, 12/04/10

The Program was initiated under S.C. Code §56-5-70(E), which states: Citations for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence may only be issued for violations that occur while relief from regulations pursuant to 49 CFR 390.23 has been granted due to an emergency. A person who receives a citation for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation. The provisions of this subsection do not apply to toll collection enforcement.

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice


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