Added Fair DUI Flyers for Georgia and South Carolina

Today we added flyers for Georgia and South Carolina. All flyers are on the Fair DUI Flyer page, and the new ones are here as well.

Georgia - Front
Georgia – Front
Georgia - back
Georgia – back

Fair DUI Flyer-Georgia (PDF)

South Carolina - Front
South Carolina – Front
South Carolina - Back
South Carolina – Back

Fair DUI Flyer-SC (PDF)

13 replies on “Added Fair DUI Flyers for Georgia and South Carolina”

  1. How do you find a lawyer who is willing to take calls without putting on retainer?

  2. Well I searched and searched and searched some more and I could NOT find any law in GA, SC, NC, VA, and PA that states that you are “required” to sign a ticket! However! I did contact some traffic lawyers from each state and each and every one stated (in a nut shell) “No. There is no state law that requires you to sign a ticket. However policies and procedures for officers varies from department to department. Some department’s policies and procedures tell the officers they HAVE to get a signature while others do not and it also depends on the officer too.”
    So there you have it! There is no written law in GA, SC, NC, VA, & PA that states you are “required to sign a ticket! ๐Ÿ™‚ If no one believes me then go ask a lawyer from your state or other states this question, “Am I “required” by (your state) law to sign a traffic ticket? If so, then what is the exact law, statute, code, ect. that clearly states it?” I suggest calling in instead of going online. There are very few websites that offer free legal advise. Good luck, stay safe, and remember no victim no crime. ๐Ÿ˜‰

  3. Wonderful blog you have here but I was wanting to know if you knew of any message boards
    that cover the same topics talked about here?
    I’d really love to be a part of community where I can get feedback from other knowledgeable people that share the same
    interest. If you have any recommendations, please let me
    know. Bless you!

  4. SC 56-7-35 (A)(2) states “A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.” This means placing the ticket under the wipers is a violation. If the officer knows this then you will be required to take the ticket directly.

    Additionally, PA v Mimms states officers can have drivers step out of the car for any reason during a lawful stop. How do you handle that?

  5. 1st) Post the entire law not just part of it. 56-7-35 only pertains to a person that was caught speeding or disregarding a traffic control devise. Not a DUI checkpoint.
    2nd) In the PA vs. Mimms case no where does it say that Mimms invoked his fundamentally protected rights to remain silent, no searches & legal counsel. He was SOL the second he rolled his window down & made the situation even worse when got out of his car.
    3rd) There is no law or court case, that I’m aware of or have not yet found, that requires you to exit your vehicle at the request and/or demand of a police officer. Just like you are not required to roll your window all the way down, a half way, 2 inches, or an inch. They can request and/or demand all they want until their red in the face. You are not required to do it. Like the flyer states “I will only comply with clearly sated lawful orders.”
    4th) Are you cop?

    SECTION 56-7-35 Uniform traffic ticket for speeding or disregarding traffic control device; incident to and contemporaneous with traffic stop; delivery; use of photographic evidence; exception for toll collection violation

    (A)(1) A law enforcement officer who issues a uniform traffic ticket for a violation of a local ordinance or traffic laws relating to speeding must do so incident to and contemporaneous with a traffic stop.

    (2) A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.
    (B)(1) A law enforcement officer who issues a uniform traffic ticket for a violation of a local ordinance or the traffic laws relating to disregarding a traffic control device must do so incident to and contemporaneous with a traffic stop.

    (2) A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.

    (B)(1) A law enforcement officer who issues a uniform traffic ticket for a violation of a local ordinance or the traffic laws relating to disregarding a traffic control device must do so incident to and contemporaneous with a traffic stop.

    (2) A copy of the citation must be given directly to the offender by the law enforcement officer issuing the citation at the time of the traffic stop for the offense.

  6. In GA the traffic ticket contains an actual notice to you of a pending court date at which you must appear. By signing the ticket, you are providing an acknowledgment of receipt of the “notice to appear.”

    A person is free to refuse to sign the traffic ticket; however, the police officer is free to place him/her under arrest and take him/her into custody and require you to post bond.

    ยง 40-13-2.1. Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature

    (a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver’s license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.

    (b) The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver’s license issued by a state or foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver’s license by the other state or foreign country of a person who fails to appear for trial of a traffic offense committed in this state.

    (c) The signature of any person to whom a citation is issued may be captured electronically.

  7. @ Clueless Wanderer

    You do NOT have to sign a ticket in GA only if you fail to “display” your license. By placing the flyer, your license, registration, and insurance inside a see through folder, against your window, eliminates that situation from the beginning.

    This is a perfect example on how “they” like to confuse people. “They” use a formal and technical language containing an excessive amount of terminology that is often confusing and arduous to interpret. It’s known as legalese, GOOGLE IT! Words and phrases you think you know the meaning of, but you actually don’t. It’s an entirely different language.

    ยง 17-6-11. Display of driver’s license for violation of certain traffic related laws; suspension of license; organ donation; arrest; seizure of license

    (a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to:

    (1) Traffic, including any offense under Code Section 40-5-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of driver services, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40;

    (2) The licensing and registration of motor vehicles and operators;

    (3) The width, height, and length of vehicles and loads;

    (4) Motor common carriers and motor contract carriers;

    (5) Commercial vehicle or driver safety;

    (6) Hazardous materials transportation;

    (7) Motor carrier insurance or registration; or

    (8) Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48

    upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver’s license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver’s license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.

    (b) Upon display of the driver’s license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Driver Services of this state the driver’s license number if the person fails to appear and answer to the charge against him or her. The commissioner of driver services shall, upon receipt of a license number forwarded by the court, suspend the driver’s license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person’s license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Driver Services a restoration fee of $50.00 or $25.00 when such reinstatement is processed by mail.

    (b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver’s license of the victim to determine the victim’s wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim’s organs shall not be imperiled by delay in verification by the donor’s next of kin.

    (c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver’s license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.

    (d) The commissioner of driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section.

  8. Mimms does not state “for any reason”. It’s for officer safety only. But you are correct that an officer could do this. Be very careful if you’re an officer though. Your actions after the driver steps out better damn well relate to your safety, rather than being investigative.

    Parking tickets are generally delivered under the wiper and that’s sufficient. If I’ve held up the flyer indicating that I’ll accept the flyer in this way, then that delivery is sufficient too. You think a judge will let me out of a ticket if I claim it wasn’t delivered properly?

  9. Hello and good morning,

    My name is Michael and I’m from New Jersey, I’m not a lawyer nor am I attending law school in any way but I do enjoy studying law for the opportunity to protect myself when I am being stopped and/or questioned by Police. I printed a (New Jersey) Fair DUI Flyer out and researched all I could on every line, all but two lines I couldn’t provide any evidence of them being either true or a violation of the law.

    “I am NOT required to sign – 7:2-1 (c), (g)” I looked it up on google and even asked friends on the force and I’ve come back empty handed as where it is stated that I do NOT have to sign a citation, it was revised 1/1/17 and does state that I DO have to sign to pretty much avoid a bench warrant for my arrest. I do plan on using these Flyers for all stops, not just DUI checkpoints but if something is wrong then I/we could land ourselves in hot water so I just want to make sure that these flyers aren’t in any violations here in New Jersey.

    The second thing that popped out is the reverse side, “YOUR LAWYER’S #:______________”
    I believe it’s unlawful to “advertise” a lawyer on a Flyer, I have my lawyer looking into it but he’s very busy so he suggested I’d reach out to you, the creator of the Fair DUI Flyer as you may have everything saved to clarify any confusion.

    I’m sorry if I caught you at a bad time and by all means, please don’t make your reply priority. I thank you for standing up for us as well as exercising our rights on camera for educational purposes for people like myself!

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