Could South Carolina charge a visiting driver whose home-state license was suspended, or who forgot a valid license?

Plain-English summary

A Travelers Rest police lieutenant asked how to charge out-of-state motorists. The July 2001 informal opinion gave two different answers. A person driving in South Carolina while the home-state license was suspended could be charged with driving under suspension; the state offense was not limited to suspensions of South Carolina licenses.

For a person with a valid home-state license who simply did not have it in immediate possession while passing through South Carolina, the letter pointed to the no-license provision. It noted that the then-current statute required dismissal of that charge if the person showed the court proof of valid licensure at the time of the stop within seven days of being charged. The opinion did not use the visitor’s lack of a South Carolina address as a reason to exempt the driver.

Currency note

This opinion was issued in 2001. 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

Traffic officers

The letter separated a genuinely suspended home-state license from failure to carry a valid one. It assigned the former to the suspension charge and the latter to the no-license charge under the law it read.

Visiting drivers

The opinion described the home-state license possession condition and a historical proof-and-dismissal rule for an otherwise licensed person charged without the license in hand.

Common questions

Did the DUS offense apply to a license suspended by another state? A: Yes. The AG said the statute did not limit suspension to licenses issued in South Carolina.

What if the visitor was licensed but forgot the card?
A: The opinion identified the no-license charge and noted the historical dismissal provision for timely proof to the court.

Did a visiting driver need a South Carolina address for the charge? A: No. The letter did not treat merely passing through the state as an exemption from the cited licensing rules.

Background and statutory framework

The opinion quoted §56-1-460 on driving with a suspended license and Section 56-1-20 on the general license requirement. It applied the home-state-license exception and §56-1-440’s charge and proof provisions to the visitor without a license in possession.

Citations and references

• §56-1-460: driving under suspension.
• Section 56-1-20: general driving-license rule.
• §56-1-440: no-license offense and proof-to-court provision.

Official title

Concerning the appropriate traffic charges when out of state drivers are involved.

Requester

Lieutenant John M. Hall, City of Travelers Rest Police Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-6-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01july6hall.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATTORNEY GENERAL

July 6, 2001

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Lieutenant John M. Hall
City of Travelers Rest Police Department
6711 State Park Road
Travelers Rest, South Carolina 29690
Re: Your Letter of March 15, 2001
Driving Under Suspension/Without a License
Dear Lieutenant Hall:
In your above referenced letter, you request assistance from this Office concerning the appropriate traffic charges when out of state drivers are involved. Specifically, you state as follows:

There have been some questions recently from several Officers in our Department about the Driving Under Suspension Statute 56-1-460. One question in particular is about an out of State Drivers License that is suspended, can we charge that driver under our statute of DUS? There have also been some questions about the NRVC and what role it plays in these particular circumstances. We normally rharg:e the driver with No South Carolina Drivers License. If the driver does not have a current South Carolina address, can we still charge that driver with No SC DL if they are just passing through? Pursuant to S.C. Code Ann. §56-1-460, a person is guilty of driving under suspension in South Carolina when that person "drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked." This statute contains no provision limiting it to drivers who have had their South Carolina licenses canceled, suspended, or revoked. This Office has previously opined and reaffirmed that "if a resident of this State or of any other state has had his driver's license canceled, suspended, or revoked he would be in violation of Section 56-1-460 if that individual drives a motor vehicle in this State during the period his license is canceled, suspended or revoked." See OPS. A ITY. GEN. (Dated October 12, 1987 & August 7, 1996). Accordingly, you may charge an out of state driver with a suspended license from his home state with Driving Under Suspension pursuant to §56-1-460.

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PosrOrncrBox 11549 •

COLUMBIA , S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

Lieutenant John M. Hall
Page 2
July 6, 2001

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As for out of state drivers who are properly licensed in their home state, but do not have their license with them while driving through South Carolina, the appropriate charge would be based on S.C. Code Ann. §§56-1-20, 30 & 440. Section 56-1-20 provides that "No person, except those expressly exempted in this article shall drive any motor vehicle upon a highway in this State unless such person has a valid motor vehicle driver's license issued to him under the provisions (of the S.C. Code)." An out of state driver is exempt from the requirements of §56-120 when he "has in his immediate possession a valid operator's or chauffeur's license issued to him in his home state ... " Therefore, an out of state driver passing through the state without his drivers license in possession would be subject to the penalties provided for in §56-1-440 which states that "[a)ny person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor ... " 1 2 This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

David K. Avant
Assistant Attorney General

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1

Section 56-1-440 is also the appropriate section under which to charge when a person's license has been suspended pursuant to a controlled substance conviction, See S.C. Code Ann.
§56-1-745, and when a person has never been licensed by this or any other state. See OP. AITY. GEN. (Dated May I 8, 1972). 2

Section 56-1-440 also provides that "a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court within seven days of being charged with a violation of this provision."