What was the penalty for hitting an unattended car and leaving no notice in South Carolina?

Plain-English summary

Union's public safety chief asked whether the rule requiring a driver who struck an unattended vehicle to stop and notify its owner or leave a written notice had any penalty. The Attorney General said the rule itself did not specify one, so the general misdemeanor penalty for violations of that traffic chapter applied. The 2004 statute quoted in the letter allowed a fine of no more than one hundred dollars or imprisonment of no more than 30 days.

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: Did the unattended-vehicle rule have its own penalty clause?
A: The AG said no and applied the chapter's fallback penalty instead.

Q: What notice did the rule require after a collision?
A: The opinion quoted a requirement to locate and notify the owner or operator, or leave a conspicuous written notice with names, addresses and the circumstances of the collision.

Background and statutory framework

Section 56-5-1240 set out the driver's duty after colliding with an unattended vehicle. Section 56-5-6190 supplied the chapter-wide misdemeanor penalty when no other penalty was stated. The letter resolved only which penalty provision applied.

Citations

• Section 56-5-1240
• Section 56-5-6190

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-28-2004-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04june28white.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsn:R
ATTORNEY GENERAL

June 28, 2004

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Sam W. White, Chief .
Public Safety Department
City of Union
215 Thompson Boulevard
Union, South Carolina 29379
Dear Chief White:

In a letter to this office you questioned whether there is any penalty provision for a violation ofS.C. Code Ann. Section 56-5-1240 (1991) which provides as follows: The driver of any vehic1e which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehic1e struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

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Such provision is included in Chapter 5 ofTitle 56 of the Code. Pursuant to S.C. Code Ann. Section 56-5-6190 (1991) It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.

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B UILDING •

POST OFFICE B ox I 1549

• COLUMBIA, S.C. 29211-l 549 •

TELEP.HON!;: 803-73 4-3970

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FACSIMILE: 803-253-6283

Chief White
Page2
June 28, 2004

In my opinion, Section 56-5-6190 provides the penalty for a violation of Section 56-5-1240 inasmuch as another penalty is not specifically provided for a violation of such provision. Sincerely,

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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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