Q: What is wrong with personal service of ticket at the side of the road?

A: Proposed legislation requiring personal service at the roadside will cause injury and death to violators, officers and innocent travelers.

Each year, approximately 30 officers lose their lives while on traffic enforcement duty (see Officer Down Memorial Page). In 2010, the number more than doubled.

Roadside personal service mandates inconsistent and discriminatory enforcement of the State’s traffic laws. When a speeder is detected, the Officer immediately comes out enforcement to perform a dangerous clerical function. Thus, in a chronic speed area, only 4 to 6 tickets can be issued in an hour while 25 or more violators (I-95 August numbers for 1 direction) an hour aggressively violate South Carolina traffic laws.

Q: What about the “solely photographic” provision in 56-5-70 (S1298), does that speak to the Ridgeland I-95 Public and Officer Safety program?

A: Solely photographic system is a two camera system becoming popular on European highways where there are 2 cameras separated by a measured distance with Automated License Plate Read capabilities. The car time between the two points is translated in a speed and the Registered Owner is ticketed.

The equipment used by the Ridgeland police officer detects speed by Radar and the Officer is an eyewitness to the infraction. The photographic evidence package identifies the Driver and is provides an indisputable evidence package to the Court.

Q: The program is about Revenue?

A. The State has no cost or financial risk in the program. But, the State of South Carolina takes 63% of the ticket.

Ridgeland has significant personnel and support costs but should make enough money to cover its costs providing necessary law enforcement and emergency services on the 14 miles (both directions) of highway as mandated to them by State law.

The private company has made a significant capital investment and has a negative cash flow from running the program.

Q: This is “Big Brother”.

A: NO. Big brother is the tracking/monitoring of non-law breaking members of the public. This is not the Ridgeland program. Only law breakers are subjected to being photographed.

Q: This is a “Speed Trap”?

A: NO. The program is to provide CONSISTENT enforcement of the State’s speed laws applied to the “Super Speeders” (the fastest 2% of the traveling population). Signs are posted. The public is well informed by the media.

Q: Officer does not have discretion to issue a ticket?

A: NO. The violation is observed by the Officer and reviewed twice by the Officer before issuing the speeding ticket to the violator.

Q: Due Process: I can’t address my accuser? Or “I can’t talk my way out of getting a ticket!”

A: NO. You have every opportunity to meet and talk to the Officer and Judge at the trial date. The Officer will also address questions by phone prior to the Trial date if requested by the violator.

Q: Why is it a Town Ordinance violation?

A: Because this is a new Public and Officer Safety program to the State of South Carolina. The Town of Ridgeland wanted the message to the violator to be slow down but to minimize the punishment while the Program was in its pilot phase. The message has been effective as now 75% of the Super Speeders (as of January 2011) have been eliminated by the Program. Going forward, with the program’s publicity and success, the remaining super supers are likely to receive a UTC violation as Speeding and points will be assigned.

Q: An Officer should stop a speeding vehicle to potentially find other law enforcement infractions?

A: Other law enforcement infractions can be determined at the time of violation by the mobile DMV look-up as well as the photograph of the Driver (no seat belt) in the Command Center. At the time, when other infractions are identified, the Officer may radio within his agency or a down the road agency to stop the violator.

Q: Does the Ridgeland program defy state law or intent of the legislature or key members of the State’s executive branch?

A: NO. The Ridgeland program fully complies with all SC laws and prior AG opinions. Existing SC laws and policies requires:

Section 56-7-20 “An electronic ticket….must be given to the vehicle operator.”

Section 56-7-15 “ ….traffic ticket offense committed in officer’s presence.”

Section 56-5-70 “…..solely photographic speed detection can only be used in a declared emergency”

Section 15-9-380 “….certified mail…shall have the same force and legal effect as if such process has been personally served…”

Section 56-5-2930 I(3)….”a video recording of the person…” for a DUI stop.

Q: How did the 2010 South Carolina executive branch members respond to the I-95 Public and Officer Safety program:

A: Comments and Recommendations from members of the South Carolina Executive Offices:

Executive Director of SC DOT, (H.B.) “Buck” Limehouse states he supports public safety measures that can reduce accidents and save lives on the Interstate.

Director of SC DOI, Scott Richardson, “Though hard to quantify, a statewide program should mean lower auto insurance rates for South Carolinians.”

South Carolina Attorney General, Henry McMaster and Staff stated in a meeting that prior AG opinions and S1298 did not apply to the Ridgeland I-95 Public and Safety Program.

Director of Public Safety and Colonel of State Highway Patrol, Mark Keel and K.F. Lancaster, after physical demonstration at DPS headquarters in the Spring of 2010, recommended that before Driver License suspension action is taken, the violator should receive notification by U.S. Postal Service Certified Mail.