June 22, 1984
|TO:||All Magistrates and Municipal Judges|
|FROM:||S. Jeff Boyd, Jr., Staff Attorney|
|RE:||Recent Opinion of the Attorney General|
On July 12, 1973 the Attorney General concluded that § 56-5-1520 of the Code of Laws of South Carolina, "requires notation of the rate of speed [on a traffic ticket] only when that speed has been clocked by speedometer or other mechanical means." (emphasis added). Court Administration and the Department of Highways and Public Transportation asked the Attorney General to review that determination and, in so doing, General Medlock issued an Opinion dated June 20, 1984, concluding that the prior Opinion of his office is correct. Therefore, cases made pursuant to § 56-5-1520 should not be dismissed for lack of notation of driving speed when that speed was not determined by radar or other mechanical means.
If you have any questions concerning these matters, please feel free to contact this office.