Distracted Driving Ticket Defense
Distracted driving citations are being enforced for texting while driving, and it may be only a matter of time before consequences are increased. Imagine the day when your driver’s license is suspended because of a combination of non-moving violations, speeding tickets and distracted driving tickets that have caused your driver’s license points to reach the legal limit.
South Carolina’s distracted driving law bans texting while driving, but using a cellphone while driving to speak with someone isn’t illegal. Currently, 44 states ban text messaging while driving.
The ban on texting in South Carolina applies to all drivers of all ages, and police officers may cite you without any other traffic offense taking place. However, another traffic offense might have driven an officer to cite you for texting while driving in addition to the other offense such as speeding, crossing the yellow line or reckless driving.
Defending You Against a Distracted Driving Charge
To prove that you were texting while driving, the court would have to pull your phone records and examine them by the date and time that your car was pulled over by the police officer. Even then, it can only be suggested that you were texting at the time if a text message was sent from your phone within minutes of you being pulled over. Such so-called “evidence” can be successfully challenged in court.
Distracted Driving Accident Defense — Lawyer Up Now
If you are accused of causing an accident while texting or otherwise distracted, you need the counsel of an experienced defense lawyer right away. You could be charged with reckless driving or reckless homicide if you caused an accident in which another person died.
- Reckless driving is a misdemeanor punishable by up to 30 days in jail and driver’s license suspension.
- Reckless homicide is a felony offense punishable by up to 10 years in prison.
It is critical that you retain experienced, knowledgeable criminal defense representation immediately. The charges against you can be reduced, and the case may even be dismissed without sufficient admissible evidence.
Do not plead guilty until you have consulted an accomplished criminal defense attorney.