STREET, SUITE 200
TO: Magistrates and Municipal Judges
FROM: Robert L. McCurdy
RE: Process for the Nolle Prosse of Tickets
DATE: October 30, 2007
On October 25, 2007, we issued a memorandum providing a procedure for the summary courts to use when an officer/prosecutor requests that a uniform traffic ticket (UTT) be nolle prossed. We have since learned that the UTT has been revised (S-438, revised 12/06) to include a “nolle prosse” box as a disposition. However, you may continue to see the older tickets, without the “nolle prosse” box as a disposition, in your court until they are depleted.
After discussing this issue with the Department of Public Safety and the Department of Motor Vehicles, we provide the following uniform procedure to be used when an officer/prosecutor requests that a UTT be nolle prossed. The following procedure addresses both old and revised versions of the UTT.
- Nolle prosse is a non-judicial disposition and shall be done by a judge only upon the request of the arresting officer/prosecutor. We strongly recommend that this procedure be conducted in open court on the record.
- If the charge is made on the recently revised UTT, the court shall check the “nolle prosse” disposition box and sign the UTT. If the charge is made on an older UTT which does not contain a “nolle prosse” disposition box, the court shall sign the UTT without entering a disposition on the face of the UTT.
- Regardless of whether the UTT has been revised or not, the court shall mark “OVER” on the front right hand top corner of the UTT indicating that dispositional information is located on the back of the UTT.
- The following should be printed on the back of the UTT: NOLLE PROSSED AT REQUEST OF OFFICER/PROSECUTOR; OFFICER’S/PROSECUTOR’S NAME (printed) ______________________. The officer/prosecutor shall sign the UTT on the back indicating the State’s direction to nolle prosse the charge.
- The notations on the UTT required above should be made on the (1) yellow “Driver’s Record Copy,” (2) green “Trial Officer’s Copy,” (3) white “Enforcement Records Copy,” and (4) pink “Audit Copy.” The blue “Violator’s Copy” does not require the notations described above.
Should you have questions concerning this matter, please do not hesitate to contact this Office.
Cc: Charles Sheppard, General Counsel
SC Department of Public Safety
Val Valenta, General Counsel
SC Department of Motor Vehicles