012002

The Supreme Court of South Carolina

JEAN HOEFER TOAL
CHIEF JUSTICE
 

POST OFFICE DRAWER 12456
COLUMBIA, SOUTH CAROLINA 29211
TELEPHONE: (803) 734-1584
FAX: (803) 734-1167

MEMORANDUM

TO: Magistrate and Municipal Judges

FROM:

Chief Justice Jean H. Toal
RE: No Drivers License in Possession

DATE:

October 9, 2002

S.C. Code Ann. § 56-1-440 (Supp. 2001) provides penalties for driving without a license in violation of S.C. Code Ann. § 56-1-20 (1991). Act No. 100 of 1999 amended the penalty statute to provide 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 on or before the date this matter is set to be disposed of by the court." I have discussed this matter with the several legislators who sponsored Act No. 100. The intent of the legislation was to provide this dismissal for a violation of S.C. Code Ann. § 56-1-190 (Supp. 2001), driving without a driver's license in possession, not for a violation of S.C. Code Ann. § 56-1-20 (1991), driving without having obtained a driver's license.

I have learned that many of you are giving a literal reading to the statutes I have cited, and are not dismissing cases for no possession of a driver's license when the defendant provides proof on or before trial. I cannot fault you for your interpretation of these statutes. However, I ask that you consider the intent of the legislature and overlook what I consider a scrivener's error by dismissing "no possession" cases when the appropriate proof is timely provided.

By copy of this memo, I am notifying the Code Commissioner of my thoughts on this matter in hopes that the statutes will soon be amended to reflect the legislature's intent.

Thank you for your cooperation with this issue. Should you have questions concerning this matter, please contact me or Bob McCurdy with the Office of Court Administration

cc: The Honorable Steven Draffin
  The Honorable Charles M. Condon
  Colonel Michael W. Kelley, S.C. Highway Patrol