Friday, January 20, 2012

Is Traffic Cameras Legal in South Carolina?

What kind of violations can be ticketed in SC? Is there a comprehensive ban on photo ticketing? I am asking because there are contradictory answers online. While few of the websites say that no form of photo ticketing is allowed, some other say that only speeding can be photo ticketed and not violation of traffic control device rules. Can anyone clarify on this one please?Is Traffic Cameras Legal in South Carolina?
South Carolina has a law that bars tickets based solely on photographic evidence: http://howtobeataticket.blogspot.com/sea鈥?/a>



There's a bill in your legislature trying to stop Ridgeland from issuing 1,000+ photo tickets a month. Ridgeland is trying to say they have a cop always sitting at the computer monitor. That suggests to me that the ban is real.



But you can go to the source and look in the vehicle code: http://howtobeataticket.blogspot.com/p/v鈥?/a>

.Is Traffic Cameras Legal in South Carolina?
Each state can set their own standards for traffic infractions. Unless it violates something that makes it Unconstitutional, it would be completely state law dependent. And the big issue about the use of photo radar is not the photo radar itself, but whether it is accurate enough technology to prosecute someone for an infraction, and that they have anybody who can verify that it is in fact accurate, and whether notice is properly served, since most of the time it is sent to the owner of the vehicle via mail, and most of the time, any kind of law claim, civil or criminal, must be personally served, unless there's an exception that doesn't violate Constitutional due process. One of the big exceptions though is when the defendant waives their right to service, and when you answer a complaint without filing a motion to quash for improper service prior to, or simultaneously to filing an answer, people waive personal service unknowingly all the time.

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