South Carolina Code Section 56-5-70, effective June 11, 2010 revealed that “A person who receives a citation for violating laws relating to speeding or disregarding traffic control devices based solely on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation.” The new law states that photo tickets may not be used except during emergencies declared by the governor or president. In case of an emergency, the camera ticket must be personally delivered by a police officer within one hour. House Bill 12 98 states “Only when an emergency is declared which triggers the provisions of this section may speed of traffic cameras be used.”

Prior opinions from the South Carolina State Attorney General’s Office dated March 11, 1996 and October 31, 2002 stated that photo enforcement is illegal in South Carolina. South Carolina Governor Mark Sanford signed a law banning the use of red light cameras and speed cameras in the state of South Carolina in June 2010. The measure swept unanimously through the House, 106 to 0 on June 3, 2010 and in the Senate 38 to 0 on June 2, 2010.

The Attorney General’s Office also ruled that it would not be legal “for a law enforcement agency to send citations to a registered owner by certified mail” since “no state law authorizes the use of such process.” Additionally the Attorney General wrote “…. In the opinion of this office, photographic or video camera evidence may not be used in assisting an officer in observing and reviewing a traffic violation except in those limited circumstances set forth by R. 312.”

When you receive a speeding ticket under normal conditions, you receive it in person from a Law Enforcement officer and you sign the citation promising to appear in court. When you get a photo camera radar ticket by mail, you never sign anything. Legally you do not have to respond, appear, pay or anything else. The only way you will ever hear anything about the ticket is if an officer shows up at your door with a summons for you to appear in court. When you’re asked about the ticket you simply reply you never received a ticket, it must have been lost in the mail.