Industry News for Criminal Defense Law in Columbia, South Carolina

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Recent Traffic Stop Statistics in Lexington County:

In 2023, traffic stops were a frequent occurrence in Lexington County, highlighting the importance of understanding your rights. According to the Lexington County Sheriff’s Department, there were over 20,000 traffic stops last year, resulting in numerous citations and arrests. These statistics underscore the prevalence of traffic stops and the need for drivers to be well-informed about their legal rights and responsibilities during these encounters.

Importance of Knowing Your Rights:

Knowing your rights during a traffic stop is crucial. It can protect you from potential legal issues and ensure you are treated fairly by law enforcement. Understanding your rights helps you make informed decisions, reduces the risk of self-incrimination, and can prevent the escalation of a situation. By being aware of what you should and shouldn’t do, you can better navigate the encounter and protect your legal interests.

When Can Law Enforcement Pull You Over in Lexington County?

Valid Reasons for Traffic Stops:

Law enforcement in Lexington County can pull you over for several valid reasons. These include, but are not limited to:

Speeding or reckless driving

Running a red light or stop sign

Equipment violations (e.g., broken taillight, expired registration)

Suspicion of DUI (driving under the influence)

Seatbelt violations

Distracted driving (e.g., texting while driving)

Local examples often involve routine checks for expired tags or minor equipment malfunctions, which can lead to further investigation if the officer suspects other violations.

Pretextual Stops and Their Legality:

Pretextual stops occur when an officer uses a minor traffic violation as a pretext to investigate a more serious suspicion. While controversial, the U.S. Supreme Court has ruled that pretextual stops are legal as long as the officer has a valid reason for the initial stop. In Lexington County, pretextual stops are often used to investigate drug trafficking or other criminal activities.

Q&A: “Can I be pulled over if I haven’t broken any traffic laws?”

Yes, you can be pulled over even if you haven’t broken any traffic laws, but the officer must have reasonable suspicion or probable cause to do so. For example, if your vehicle matches the description of one involved in a crime, or if you exhibit behavior that suggests impairment, an officer may legally stop you.

Your Right to Remain Silent

Explaining Miranda Rights in the Context of Traffic Stops:

Miranda rights, which include the right to remain silent, typically apply once you are taken into custody and before interrogation begins. However, during a traffic stop, you are not considered to be in custody. This means that while officers can ask questions, you are not required to answer anything beyond providing your identification, registration, and proof of insurance.

What Information You’re Legally Required to Provide:

During a traffic stop, you are legally required to provide the following information:

  1. Driver’s license

  2. Vehicle registration

  3. Proof of insurance

You are not required to answer questions about your destination, travel plans, or other personal matters.

How to Politely Decline Answering Questions:

If an officer asks questions beyond your legal requirements, you can politely decline to answer. You might say, “I prefer not to answer any questions without an attorney present.” This assertion of your rights can help protect you from self-incrimination.

Q&A: “Do I have to tell the officer where I’m coming from or going to?”

No, you are not required to inform the officer of your travel plans. Politely stating, “I’m not comfortable answering that question,” is an acceptable response.

Searches During a Lexington County Traffic Stop

When Officers Can Legally Search Your Vehicle:

Officers can legally search your vehicle under certain circumstances, such as:

  • With your consent
  • If they have probable cause to believe there is evidence of a crime in your vehicle
  • If the search is incident to an arrest
  • If they see something in plain view that indicates illegal activity
  • Under exigent circumstances (immediate action is needed to prevent harm or the destruction of evidence)

Your Right to Refuse a Search:

You have the right to refuse a search of your vehicle if the officer does not have a warrant or probable cause. Politely stating, “I do not consent to a search,” can help protect your rights. Keep in mind that refusing consent does not prevent the search but can impact the admissibility of evidence in court.

What to Do If a Search Occurs Despite Your Refusal:

If an officer conducts a search despite your refusal, it is important to remain calm and not resist. Document the details of the encounter, including the officer’s name, badge number, and the circumstances of the search. Contact an attorney to discuss potential violations of your rights.

Q&A: “Can the police search my car if they smell marijuana?”

Yes, if an officer smells marijuana, it can give them probable cause to search your vehicle. In this situation, it is best to comply and document the details of the search to discuss with your attorney later.

Dealing with Sobriety Tests in Lexington County

Types of Sobriety Tests Used Locally:

During traffic stops, officers in Lexington County commonly use three types of field sobriety tests:

Horizontal Gaze Nystagmus (HGN)

Walk-and-Turn (WAT)

One-Leg Stand (OLS)

In addition to these field sobriety tests, officers may also administer a breathalyzer test to measure Blood Alcohol Concentration (BAC).

Your Right to Refuse Field Sobriety Tests:

In South Carolina, you have the right to refuse field sobriety tests. However, refusing these tests can be used against you in court and may lead to your arrest. It’s important to understand that refusal may result in administrative penalties, such as license suspension.

Consequences of Refusing a Breathalyzer in South Carolina:

Under South Carolina’s implied consent laws, refusing a breathalyzer test can result in an automatic six-month license suspension for the first offense and longer suspensions for subsequent refusals. Additionally, refusal can be used as evidence of guilt in court.

Q&A: “What happens if I refuse a field sobriety test but agree to a breathalyzer?”

If you refuse a field sobriety test but agree to a breathalyzer, you may still be arrested based on the officer’s observations. However, the breathalyzer results will provide more concrete evidence of your BAC, which can impact your case.

Recording Your Traffic Stop

South Carolina Laws on Recording Police Interactions:

In South Carolina, it is legal to record police interactions as long as you do not interfere with their duties. This includes using your phone or a dashcam to record the traffic stop.

How to Safely and Legally Record Your Traffic Stop:

To record your traffic stop safely and legally, keep the following tips in mind:

  • Inform the officer that you are recording the interaction.
  • Keep your phone or recording device visible and avoid sudden movements.
  • Ensure that your recording does not obstruct the officer’s duties or escalate the situation.

What to Do If an Officer Tells You to Stop Recording:

If an officer asks you to stop recording, politely ask if you are legally required to stop. If they insist, comply to avoid escalating the situation but document the request and discuss it with your attorney later.

Q&A: “Can I livestream my traffic stop on social media?”

Yes, you can livestream your traffic stop on social media as long as it does not interfere with the officer’s duties. However, be aware that livestreaming can escalate the situation, so it’s important to remain calm and cooperative.

Understanding Traffic Citations in Lexington County

How to Read and Understand Your Ticket:

A traffic citation in Lexington County contains several important pieces of information. Here’s how to interpret the main sections:

Violation Details: 

This section lists the specific traffic law you are accused of violating. It includes a code number and a brief description (e.g., speeding, running a red light).

Date and Time: 

The date and time when the violation occurred.

    Location: 

Where the violation took place.

Officer’s Information: 

The name and badge number of the officer who issued the citation.

Court Date: 

The date, time, and location of your court appearance if required.

Fines and Fees: 

The amount you are required to pay if you decide to plead guilty or no contest.

Understanding these details is crucial for deciding how to address your citation.

Options for Handling Citations (Paying, Contesting, Traffic School):

  1. Paying the Ticket: 

You can choose to pay the fine, which is considered an admission of guilt. This can often be done online, by mail, or in person. Paying the ticket may result in points on your driving record and could impact your insurance rates.

  1. Contesting the Ticket: 

If you believe the ticket was issued in error, you can contest it in court. You will need to appear on the court date listed on your citation and present your case to a judge.

  1. Traffic School: 

In some cases, attending traffic school can dismiss the ticket or reduce points on your driving record. Check with the local court to see if this option is available for your violation.

Q&A: “Will paying my ticket affect my insurance rates?”

Yes, paying a traffic ticket can affect your insurance rates. Insurance companies often view traffic violations as indicators of risky driving behavior, which can lead to increased premiums. The exact impact depends on the severity of the violation and your overall driving record.

Special Considerations for Commercial Drivers

Additional Regulations for CDL Holders:

Commercial Driver’s License (CDL) holders are subject to stricter regulations compared to regular drivers. These regulations include lower Blood Alcohol Concentration (BAC) limits and harsher penalties for traffic violations. CDL holders must adhere to both federal and state regulations, which often means facing more severe consequences for infractions.

How Traffic Stops Can Affect Your Commercial License:

Traffic violations can have significant impacts on a CDL holder’s career. Serious offenses, such as DUI or reckless driving, can lead to disqualification from driving commercially. Even minor violations can accumulate points, potentially leading to a suspension of the commercial license.

Q&A: “Can a traffic stop affect my CDL even if I’m in my personal vehicle?”

Yes, traffic violations committed in a personal vehicle can affect your CDL. Federal regulations mandate that CDL holders maintain a clean driving record both professionally and personally. Violations can result in points on your CDL, leading to potential disqualification or suspension.

Rights of Non-Citizens During Lexington County Traffic Stops

What Information Non-Citizens Are Required to Provide:

Non-citizens must provide the same basic information as citizens during a traffic stop, including a valid driver’s license, vehicle registration, and proof of insurance. Additionally, non-citizens should carry and present any immigration documents, such as a visa or green card, if requested by law enforcement.

Interacting with ICE During a Traffic Stop:

If Immigration and Customs Enforcement (ICE) becomes involved, it’s important to remain calm and respectful. You have the right to remain silent and to request an attorney. Do not sign any documents without legal counsel present, as this could affect your immigration status.

Q&A: “Can my immigration status be questioned during a routine traffic stop?”

Yes, your immigration status can be questioned during a routine traffic stop if law enforcement has reason to believe you are not legally present in the United States. It is important to know your rights and seek legal advice if this situation arises.

Technology and Traffic Stops

Your Rights Regarding Cell Phone Searches:

Law enforcement officers generally need a warrant to search your cell phone during a traffic stop. However, if you give consent, they can search it without a warrant. It is within your rights to refuse a cell phone search.

Dash Cams and Their Legality in South Carolina:

Dash cams are legal in South Carolina and can be used to record traffic stops. These recordings can serve as valuable evidence if there are disputes about what occurred during the stop. Ensure the dash cam is mounted in a way that does not obstruct your view or violate state regulations.

Q&A: “Do I have to unlock my phone if an officer asks?”

No, you do not have to unlock your phone if an officer asks. You have the right to refuse this request unless the officer has a warrant. Politely state that you do not consent to a search of your phone.

After the Stop: Next Steps and Resources

How to Obtain the Police Report:

To obtain a copy of the police report from your traffic stop, contact the Lexington County Sheriff’s Department or the relevant law enforcement agency. There may be a small fee for the report, and you will need to provide identification and details about the incident.

Local Legal Aid Resources in Lexington County:

These resources can provide assistance if you need legal representation or advice.

Support Groups for Those Who’ve Experienced Traumatic Stops:

Several organizations offer support for individuals who have experienced traumatic traffic stops. These groups provide counseling, legal advice, and community support:

Q&A: “How long do I have to contest a ticket in Lexington County?”

You typically have 30 days to contest a traffic ticket in Lexington County. The specific timeframe will be noted on your citation. It’s important to act promptly to ensure you can present your case in court.

 

Start Your Traffic Court Case with an Experienced Lexington County, SC Traffic Lawyer 

Navigating a traffic stop in Lexington County, SC, can be a daunting experience, but knowing your rights and understanding the process can significantly impact the outcome. From knowing what to do when pulled over, to handling sobriety tests, searches, and understanding traffic citations, being informed is your best defense. Remember, your actions and knowledge during and after a traffic stop can protect your legal rights and ensure you are treated fairly.

If you find yourself facing traffic violations or legal issues following a traffic stop, seeking professional legal advice is crucial. At Thompson & Hiller Defense, we are dedicated to providing passionate and protective legal representation to ensure your rights are upheld. Whether you need assistance contesting a traffic ticket or defending against more serious charges, our experienced attorneys are here to help.

Don’t navigate this challenging time alone. Reach out to Thompson & Hiller Defense today for a free consultation. Let us help you understand your options and build a strong defense. Contact us at 843-444-6122 or visit our website at Thompson & Hiller Defense to get started. At Thompson & Hiller, your defense isn’t just our job—it’s our passion. Let us be your shield in these trying times.