Passing another vehicle improperly can result in fines, points on your license, and increased insurance rates.
In some cases, unlawful passing charges may be issued even when a driver believed they were following traffic laws. If you have been cited for an unlawful passing violation, do not assume you have no defense. At Chambers Law, we help drivers fight traffic tickets and protect their records.
Call 843-449-0420 today for a free consultation.
What is Considered Unlawful Passing in South Carolina?
South Carolina law (S.C. Code § 56-5-1880) outlines strict rules about when and where drivers are allowed to pass other vehicles. Unlawful passing can include:
- Passing in a no-passing zone (solid yellow lines)
- Passing on a hill or curve where visibility is limited
- Passing in an intersection or railroad crossing
- Failing to return to the correct lane before oncoming traffic approaches
- Passing a stopped school bus with flashing lights
- Passing when it is unsafe due to road or traffic conditions
Penalties for Unlawful Passing in South Carolina
Being cited for an unlawful passing violation can lead to significant consequences, including:
- Fines ranging from $100 to $300
- Four points added to your driving record
- Increased auto insurance premiums
- Possible license suspension if you accumulate too many points
How the South Carolina Point System Works
South Carolina assigns penalty points for traffic violations. If you accumulate 12 or more points, your license may be suspended:
- Two points – Minor traffic violations
- Four points – Unlawful passing or failure to yield
- Six points – Reckless driving or excessive speeding
- 12 or more points – Automatic license suspension
Points remain on your record but are reduced by half after one year. However, accumulating new violations can quickly lead to a suspended license.
Why You Should Fight an Unlawful Passing Ticket
Many drivers assume they should just pay the fine and move on, but doing so can lead to increased insurance costs, points on your record, and potential license suspension. Fighting your ticket may help you:
- Reduce or eliminate points on your driving record
- Prevent higher insurance premiums
- Avoid penalties that could impact future driving privileges
- Challenge law enforcement’s interpretation of the event
Common Defenses Against Unlawful Passing Violations
At Chambers Law, we build strong defenses to fight unlawful passing tickets, including:
- Improper Road Markings: If no-passing zones were not properly marked, you may have a valid defense.
- Emergency Situations: If you had to pass another vehicle to avoid an accident or road hazard, your actions may have been justified.
- Officer Misinterpretation: Law enforcement may have misjudged the situation or failed to see critical details.
- Safe Passing Exception: If you had enough visibility and distance to complete the pass safely, we may challenge the ticket.
How Chambers Law Can Help
At Chambers Law, we take an aggressive approach to defending clients charged with unlawful passing. Our firm:
- Reviews traffic camera footage, officer reports, and witness statements
- Challenges unclear road markings, weather conditions, and officer errors
- Negotiates with prosecutors to reduce or dismiss charges
- Represents clients in court to protect their driving record
