Could a South Carolina officer leave a traffic ticket with another driver, and how many points followed a general traffic-law conviction?

Plain-English summary

Norway's police chief asked whether an officer could hand a traffic ticket to someone other than the alleged violator and how many license points followed a conviction under a general traffic-law provision. In an October 2002 informal opinion, an Assistant Attorney General said a ticket initiating criminal proceedings required personal service on the accused to give notice of the charge and trial. He found no listed point assessment for the broad provision identified and suggested asking the Division of Motor Vehicles for a definite answer.

The opinion added that one of the cited code sections did not itself create a distinct crime. A ticket based on that section would concern the underlying offense. Its answer on points was limited to the absence of a matching entry in the statutory schedule; it did not assign a point value.

Currency note

This opinion was issued in 2002. 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: Could an officer serve the ticket by handing it to another person to pass along? A: The AG said no for a ticket initiating criminal proceedings. It treated personal service on the accused as required for notice.

Q: Did the first code section itself create a separate offense? A: No. Citing State v. Leonard, the opinion said it embodied aiding-and-abetting liability rather than a distinct crime.

Q: Did the AG assign points for the broad traffic-law violation? A: No. It found no corresponding entry in the statutory points schedule and suggested obtaining a definitive answer from motor vehicle officials.

Background and statutory framework

The letter distinguished §56-5-6110 from the ticket-service question under §56-5-6120. It read the service language in §56-7-10 with criminal-proceeding notice requirements and checked §56-1-720's point schedule for the cited general traffic-law provision.

Citations and references

• §56-5-6110 and §56-5-6120: traffic provisions in the request.
• §56-7-10: uniform ticket service provision.
• §56-1-720: driver-license points schedule.
• State v. Leonard: aiding-and-abetting treatment of the first provision.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-4-2002-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02oct-4-preacher.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

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October 4, 2002

L.
James A. Preacher, Jr.
Chief of Police
Norway Police Department
P.O. Box 127
Norway, S.C. 29113

Re:

Your Letter of August 29, 2002

Dear Chief Preacher:

In your above referenced letter, you ask for this Office's opinion concerning the following

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questions:
1.

Under S.C. Code §56-5-6110 and §56-5-6120, if a Police Officer issues a State of South Carolina Uniform Traffic Ticket for either code for a violation, must he issue the ticket in person to the violator, or can he give it to the driver or person operating the vehicle to give to the driver?

2.

If a Police Officer issues a ticket for S.C. Code §56-5-730 and the subject is convicted/found guilty, how many points are assessed on their driver's license?

LAWI ANALYSIS
In reference to your first question, it should be noted that in State v. Leonard, 287 SC 462, 339 S.E.2d 159 (S.C. Ct. App. 1986) the court stated "Section 56-5-6110 does not in itself create a distinct crime; rather, it simply embodies the common-law doctrine of liability as an aider and abetter." Thus, it does not appear that a Police Officer can issue a ticket for a violation of S.C. Code Ann. §56-5-6110 as it is not classified as a distinct crime, but if a ticket is issued for a §56-5-6110 code violation, it would be issued for the underlying offense. As to issuing a ticket for a violation of S.C. Code Ann. §56-5-6120 and how that ticket is to be served upon the violator, as a general rule, to initiate criminal proceedings, which a traffic

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ticket is, personal service is required in some fashion so as to notify the individual of the time and place of the trial. In turning to S.C. Code Ann. §56-7- l 0 of the Uniform Traffic Ticket Act, the statute states that "the service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served." This statute is silent as to what type of service is required, but other courts have held that when a statute directs service but is silent as to the permissible method of service, personal delivery is the only permissible method of service as to criminal proceedings. See, People of the State of New York v. Turkel, 130 Misc.2d 47, 494 N.Y.S.2d 984 (N.Y. Crim. Ct. 1985). In limiting the method of service in criminal proceedings solely to personal service, the court based its decision on several public policy considerations, namely reducing the possibility of false claims and providing actual notice to the defendant. Furthermore, the court went on to say that "in a criminal action, where the liberty of a defendant is in jeopardy, due process requires that a defendant receive notice of a pending proceeding." Id. at 50, 986. Since S.C. Code Ann.
§56-7-10 is silent as to what type of service is required, we believe that due process requires personal service when initiating criminal proceedings against an individual, in this case, a traffic ticket, to provide that person with notice of the offense and the time and place of the trial. As to your second question, the number of points which are assessed for a particular traffic violation is governed by S.C. Code Ann. §56-1-720. This section established the point system for licensed drivers and provides for a schedule of points for specific violations which will result in suspension of a driver's license for not more than six months if a driver accumulates more than twelve points over a twelve to twenty- four month period. In reference to your specific question as to how many points are assessed for a violation of S.C. Code Ann. §56-5-730, it should be noted that this statute appears to stand for the broad proposition of requiring obedience to traffic laws as the statute mentions no specific offense. As such, in turning to S.C. Code Ann.
§56-1-720, there is no corresponding point assessment for a violation of S.C. Code Ann. §56-5730. Thus, I would suggest that you contact the Department of Public Safety, Division of Motor Vehicles, for a definite answer. 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
DKA/jbc