FAQ on How to Deal With Illegal Ridgeland, SC SCamera Tickets on I-95!

Sep 17, 2010 • 09:32

FAQ on How to Deal With Illegal Ridgeland, SC SCamera Tickets on I-95!

Recently we had a request by a motorists on how to fight AGAINST A ILLEGAL SPEED CAMERA TICKET on I-95 in Ridgeland, South Carolina.

AG Opinions: http://www.thenewspaper.com/rlc/docs/2009/sc-cameraag.pdf

On the Ban: http://www.thenewspaper.com/rlc/docs/2010/sc-julycam.pdf

Quote: “While R. 3 12 authorizes the use of “photographic evidence … for violations that occur while relief from regulations pursuant to 49 C.F.R. 390.22 has been granted due to an emergency”, there is no further authorization for the use of photographic or video camera evidence for traffic violators.

Therefore, in the opinion of this office, photographic or video camera evidence may not be used in assisting an officer in observing and reviewing a traffic violation except in those limited circumstances set forth by R. 3 12. Moreover, as specified in R. 3 12, “[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.” There is no provision for using other means to serve violators in such circumstances.”

The city is ignoring the STATE LAW THAT for all intent purposes BANNED SPEED CAMERAS in July 2010. IF THEY DON"T SERVE YOU IN A HOUR IT AIN’T LEGAL based on the above paragraph!

I thought we would share with everyone Ban the Cams Suggestions on dealing with the ILLEGAL actions of Ridgeland, SC based on the AG opinion above.

(Please note of course this does not constitute legal advice, for that PLEASE SEE A LAWYER). In fact we STRONGLY ENCOURAGE IT!)

  1. FILE A COMPLAINT WITH THE ATTORNEY GENERAL of South Carolina.

http://www.scattorneygeneral.org/

http://www.scattorneygeneral.org/ag/contact.html

Mailing Address
The Honorable Henry McMaster
P.O. Box 11549
Columbia, S.C. 29211

Office Location
Rembert Dennis Building
1000 Assembly Street, Room 519
Columbia, S.C. 29201

Email Address
[email protected]

Phone: 1-803-734-3970

  1. Contact South Carolina Senator Larry Grooms and Representative J. Todd Rutherford who championed the law banning photo enforcement.

*Senator Lawrence K. “Larry” Grooms [R]
Pres./CEO GTI
Dist. No. 37 - Berkeley, Charleston, Colleton &
Dorchester Cos.
(C) 203 Gressette Bldg., Columbia, 29201 Bus. (803) 212-6400 http://www.scstatehouse.gov/php/contact.php?T=M&C=729545367

J. Todd Rutherford [D] Attorney Dist. No. 74 - Richland Co. (H) P.O. Box 1452, Columbia, 29202
Bus. (803) 256-3003
Home (803) 799-8633
(C) 530A Blatt Bldg., Columbia, 29201
Bus. (803) 734-9441
http://www.scstatehouse.gov/php/contact.php?T=M&C=1614772534

  1. Contact the National Motorists Association (www.motorists.org). The NMA has a attorney section: http://attorney.motorists.org/South%20Carolina/ The NMA has been around fighting for motorists rights since the 55 mph days in the 80’s. Great organization (I have been a member for over 2 decades myself).

  2. Contact a South Carolina lawyer who is familiar with traffic laws and ask his opinion. http://www.scbar.org/public_services/find_a_lawyer/

  3. Send it back to Ridgeland with a copy of the AG opinion and tell them YOU WILL NOT PAY A ILLEGAL TICKET! (if they threaten arrest or license points or whatever, I would contact an attorney at that point!)

  4. Toss the scamera ticket in the TRASH! To use the AG opinion above: “must be served in person with notice of the violation within one hour of the occurrence of the violation.” There is no provision for using other means to serve violators in such circumstances."

  5. Consider a Class Action Suit against Ridgeland.

Let me also add that if there are any Attorneys who have filed (or are about to file) a lawsuit against Ridgeland, SC, feel free to let us know and we will post your contact information.

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