Could a South Carolina officer use a uniform traffic ticket for an offense that was not a traffic violation?

Plain-English summary

In January 2004, South Carolina's Attorney General said the uniform traffic ticket could be used for more than traffic violations. The opinion cited the statute's list of additional offenses and a separate provision permitting use for an offense committed in an officer's presence when punishment fell within magistrate or municipal court jurisdiction.

The answer was tied to those conditions. The opinion did not say every criminal charge could be put on a traffic ticket.

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.

Historical summary

Law enforcement officers

The AG interpreted the 2003 statutory language as allowing a uniform ticket for an offense observed by the officer if the punishment belonged within magistrate or municipal court jurisdiction.

Common questions

Was the uniform ticket limited to traffic violations?
No. The opinion identified listed additional offenses and the broader in-presence, lower-court provision.

Could an officer use the ticket for any offense?
The opinion's answer was limited to offenses within the stated court jurisdiction when committed in the officer's presence.

Did the opinion list every eligible nontraffic offense?
No. It referred to the statutory list and stated the additional jurisdiction-and-presence rule.

Background and statutory framework

A Georgetown County sheriff's deputy asked which offenses could go on a uniform traffic ticket. The AG read the general ticket statute together with its companion provision allowing use for certain offenses committed in an officer's presence.

Citations and references

The opinion discussed Section 56-7-10 and Section 56-7-15.

Official title

Inquiring as to what offenses can be cited on a uniform traffic ticket.

Requester

Deputy Glenn R. Kufen, Jr., Georgetown County Sheriff’s Office

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-6-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04jan6kufen.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMJ\sTER

January 6, 2004

ATTORNEY GENERAL

Deputy Glenn R. Kufen, Jr.
Georgetown County Sheriff's Office
P. 0 . Box 1292
Georgetown, South Carolina 29442

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Dear Deputy Kufen:
You have inquired as to what offenses .can be cited on a uniform traffic ticket. S. C. Code Ann. Section 56-7-10 (Supp. 2003) provides that "(t)here will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses ...." Thereafter, a list of offenses for which the uniform traffic ticket may be utilized is set forth. Furthermore, as set forth in S.C. Code Ann. Section 56-7-15 (Supp. 2003), The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence ofa law enforcement officer if the punishment is within the jurisdiction of magistrate's court and municipal court. Therefore, a traffic ticket may be used for any offense within the jurisdiction of a magistrate's or municipal court if the offense is committed in the presence of the officer.

Charles H. Richardson
Senior Assistant Attorney General

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