A South Carolina traffic ticket is a summons to court. Pay it and you have pleaded guilty, with the points that follow. Ignore it and miss the court date and the magistrate or municipal judge issues a bench warrant for failure to appear and notifies the Department of Motor Vehicles, which suspends your license under S.C. Code § 56-25-20 until the court certifies that the ticket has been resolved and you pay a $100 reinstatement fee for each suspension. Drive in the meantime and you can be charged with driving under suspension, a separate criminal offense with its own fine, jail exposure and added suspension. The way out is to resolve the ticket, have the warrant recalled, get the court’s compliance notice to the DMV and pay the reinstatement fee, in that order.
The chain, link by link
- The ticket. A uniform traffic ticket from the Highway Patrol, a sheriff’s deputy or a town officer sets a court date at the magistrate or municipal court for where the stop happened: the Summerville magistrate on Deming Way or Summerville Municipal Court for most local stops, St. George for upper Dorchester County, the Berkeley County magistrates for Goose Creek and Moncks Corner, and the Charleston County courts for North Charleston and the islands.
- Paying is pleading. Paying the fine online or by mail is a guilty plea. The points post to your record, your insurer sees them at renewal, and some offenses carry a suspension on their own. Requesting a court date instead costs nothing and is often where a reduction happens.
- The missed date. If you neither pay nor appear, the judge issues a bench warrant for failure to appear. Some courts try the ticket in your absence and enter a conviction with the maximum fine.
- The DMV suspension. The court reports the failure to comply to the DMV, which suspends your license until it receives notice from the court that you have paid or appeared. The suspension letter goes to the address on your license, which is one reason so many people learn about it from an officer.
- The traffic stop. An active bench warrant means arrest on the spot, a trip to the detention center and a bond hearing, usually within twenty-four hours. If you were driving on the suspended license, a driving under suspension charge is added.
- Driving under suspension. Under S.C. Code § 56-1-460 a first offense carries a $300 fine or up to 30 days in jail, a second $600 or up to 60 days, and a third $1,000 and up to 90 days or home detention, and each conviction extends the suspension. Traffic offenses, including this one, are excluded from expungement.
Breaking the chain
- Find out where you stand. Search the county public index for the ticket and its status, or let us call the clerk. Our warrants page lists the Dorchester, Berkeley and Charleston County records and the sheriffs’ warrants units, and explains why calling in your own name is not always wise.
- Resolve the ticket. Depending on the court and how old the ticket is, that means paying it, appearing and pleading, or having us file a motion to recall the bench warrant and reset the case so the charge itself can still be contested or reduced.
- Get the compliance notice to the DMV. The court transmits it once the case is resolved; ask for a copy. Nothing happens at the DMV until it arrives.
- Pay the reinstatement fee. $100 per suspension under S.C. Code § 56-1-390, payable at a DMV branch or, in some cases, to the clerk when the ticket is resolved. The DMV also runs a payment program for people who owe several fees.
- Check your record before you drive. A clear court file and an unpaid reinstatement fee still equal a suspended license. Confirm reinstatement on the DMV’s site before the next trip.
Out-of-state drivers and out-of-state tickets
South Carolina reports unresolved tickets to a driver’s home state under the interstate compacts, so a ticket from a beach trip to Folly or a drive through Dorchester County on I-26 can suspend a Georgia or North Carolina license months later. The fix is the same: resolve the South Carolina ticket first, then clear the home-state suspension with proof.
Before Thanksgiving and Christmas travel
If there is any chance an old ticket is out there, check now rather than at a checkpoint on the way to a relative’s house. A bench warrant discovered on a holiday weekend means a bond hearing before a magistrate at the detention center and a night most people would rather not explain. Our bond hearings page explains what happens if it comes to that; a phone call this week usually means it does not.
Frost first: do not drive to the courthouse on a suspended license to fix a suspended license. Call first. We can often recall the warrant and resolve the ticket without you appearing, and we will tell you when it is lawful to drive again. (843) 419-6653
Written by Jack C. Frost, Attorney at Law · 14 years in Lowcountry law enforcement before law school. Reviewed by Tara L. Frost.
Questions people ask
Does an unpaid traffic ticket turn into a warrant in South Carolina?
Yes. A ticket is a summons to court; if you neither pay it nor appear, the judge issues a bench warrant for failure to appear and reports the failure to the DMV, which suspends your license.
How much is the reinstatement fee for a suspended license in South Carolina?
$100 for each suspension on your record, paid to the DMV after the court certifies that the ticket has been resolved. The DMV offers a payment program for drivers who owe several fees.
Can I just pay the old ticket online to clear the warrant?
Sometimes, and sometimes paying enters a conviction with points you could have avoided. Have the clerk or a lawyer check whether the court will accept payment on an outstanding bench warrant and whether a court appearance would get the charge reduced instead.
Sources and further reading
Related pages
Traffic tickets
Points, suspensions, driving under suspension penalties, CDL holders and why not to just pay it.
Learn moreArrest warrants
Confirming a warrant, lifting a bench warrant, and surrendering with counsel.
Learn moreBond hearings
How bond is set, getting out, and changing conditions later.
Learn more