Could a South Carolina magistrate dismiss a traffic citation just because it listed the wrong code section?

Plain-English summary

The South Carolina Legislative Audit Council asked whether a magistrate could dismiss a traffic charge because the ticket cited the wrong code section even though it correctly described the offense. The Attorney General said the officer should have an opportunity before trial to amend the citation. When the error was known to the parties, dismissing without that opportunity would be incorrect.

The office relied on an earlier opinion that a summons needed to state the charge plainly and substantially, and that the information could be amended before trial under Section 22-3-720. The 2004 letter addressed correction of the section number, not every defect a citation might contain.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was a traffic ticket automatically invalid if the code number was wrong?
A: The AG said a ticket whose charge was otherwise correctly described could be amended before trial to show the right section.

Q: Could the magistrate dismiss as soon as the driver pointed out the number error?
A: In the circumstances described, the opinion said the magistrate should first allow the correction and would be wrong to dismiss without that opportunity.

Background and statutory framework

The letter quoted a 1963 AG opinion applying Section 22-3-720 to amendment of a summons before trial. It used that earlier advice to answer a narrow question about a correct offense description paired with an incorrect statute number.

Citations

• Section 22-3-720

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-31-2004-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04aug-31-Schroeder.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATTORNEY GENERAL

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August 31, 2004

George L. Schroeder, Director
Legislative Audit Council
1331 Elmwood Avenue, Suite 315
Columbia, South Carolina 29201
Dear Mr. Schroeder:
In a letter to this office you referenced that when a law enforcement officer completes a citation, he fills in the charge and the code section number. The charge is a description of the offense and the code section number is the statute that the person is charged with violating. You asked whether in circumstances where the wrong section number is cited on the citation, can a magistrate dismiss the charge if the defendant points out the incorrect code citation even if the description of the offense is correct. A prior opinion of this office dated June 24, 1963 dealt with the question as to whether a summons issued by the State Highway Patrol is void if the wrong section of the Code is set forth on the summons. The opinion states: All that is required in a warrant or summons ticket is that the charge against the defendant be plainly and substantially set forth. Section 43-112 ... (now Section 22-3-720) ... permits amendment of the information at any time before trial. Even in the most serious cases in General Sessions Court, the law permits amendment of the indictment before trial...It is the opinion of this office that the summons in question may be amended before trial by the Patrolman to show the correct statute, and that the matter may be disposed of by the Magistrate. Such opinion has been cited in a subsequent opinion of this office dated October 24, 1995. Consistent with the prior opinion of this office, in circumstances where the wrong code section is cited on a citation, opportunity should be given before trial for an amendment of the citation to conform to the correct description of the offense as set forth on the citation.

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c DENNIS BUILDING • PosT OFFICE Box 11549 • COLUMBIA, S.C. 29211-1549 • TELEPHONE: 803-734-3970 • FACS!MILE: 803-253-6283

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Mr. Schroeder
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August 31, 2004
In circumstances where the error is known to the parties, a magistrate would be incorrect in dismissing the case without providing the opportunity to amend the citation. With kind regards, I am, Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General

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