Is It Legal For South Carolina Traffic Courts To Give Police The Power Of Preosecuting Attorney’s?
This is true. If you are pulled over for a DUI, speeding, littering, etc. When you go to court there is no solicitor, only you and the police officer who has the power of a prosecuting attorney, before the judge. The judge follows the suggestions of the police officer. To verify what I am saying is true, call any traffic court in SC.
I got pulled over for throwing a Cigarette butt out the window, which is considered littering. The state fine is $200.00, but the police officer suggested to the judge $540.00, so I had to pay or go to jail. Speeding 20 miles over the speed limit or speeding thrpugh a school zone is a lesser fine.
If you answer, please no lectures on smoking or littering!!!
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Tagged with: Attorneys • Carolina • Courts • Give • Legal • Police • Power • Preosecuting • South • Traffic
Filed under: Attorney FAQ
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Actually this seems to be an advantage to the prosecutor.
You argue that they may lie and you believe some prosecutors don’t?
The advantage is the police officers don’t know evidence rules and aren’t sophisticated in court room rpocedure..this is better than going against a seasoned attorney,
It seems SC doesn’t want to devote prosecutoral resources to traffic citations
It appears the JUDGE is the prosecuting atty, which is standard in most states for traffic issues. He looks at the evidence, questions the witness and makes decisions based on the information and evidence presented to him.
IMHO I don’t think you’ll convince anyone the SC traffic system is illegal or unconstitutional.
A very simple gesture can cause so much pain….
Sorry to hear of this situation…
hmmm this seems to suck!
i think something like this is comming ion to force soon in UK also.
police will be able to proscecute and on the spot fines as well.