This article discusses South Carolina's ABC Violation Tickets otherwise known as open container of liquor. South Carolina actually has two open container laws - one for beer and wine and the other for liquor. The law makes it illegal to transport any open bottle of liquor in a car or motor vehicle unless it is in the luggage or cargo area.
People usually get charged with this ABC violation at traffic checkpoints, after being pulled over for a traffic infraction or as part of a DUI arrest. It carries a fine and/or up to thirty days in jail.
For a few years the penalty also included a suspension of a driver's license. That part of the law has been removed, but it is still a criminal offense that can cause problems with background checks for years to come.
If you have been charged with an ABC or any open container violation there are options that can help you avoid a criminal conviction. Many times the police fail to properly document or preserve the evidence (statute requires proof of alcoholic content – not possible if the substance wasn't preserved or tested). These circumstances can help obtain a dismissal. Other times challenges can be made to the legal reason for the initial traffic stop, of that the one charged was actually aware of the substance. For example people may be charged for another passenger's drink, or for a forgotten or empty bottle.
If you have received a ticket for open container in South Carolina there are several options that are available to you. As a South Carolina Criminal South Carolina Criminal Defense Attorney Attorney I know the various strategies available to help my clients keep their driver's license after receiving and ABC violation. If you would like to discuss your case with me contact my office at 1-888-301-6004. Initial appointments are provided at no-cost in my office located at 316 South Lake Drive in downtown Lexington.