South Carolina Supreme Court
Columbia, South Carolina

ROSALYN FRIERSON
DIRECTOR

MARY S. SCHROEDER
DEPUTY DIRECTOR

 

1015 SUMTER STREET, SUITE 200
COLUMBIA, SOUTH CAROLINA  29201
TELEPHONE:  (803) 734-1800
FAX:  (803) 734-1821
E-MAIL:  mschroeder@sccourts.org

MEMORANDUM

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. 

Should you have questions concerning this matter, please do not hesitate to contact this Office.

RLM/amh

Cc:      Charles Sheppard, General Counsel
            SC Department of Public Safety

            Val Valenta, General Counsel
            SC Department of Motor Vehicles