Replies: 51
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All-American [566]
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My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:04 AM
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She was charged with driving too fast over a railroad crossing. She was clocked at 30 mph and the posted speed limit on the road is 35 mph. The crossing has warning lights, a warning arm, and the tracks are visible for hundreds of feet in both directions. Where in the hell is this statute? I looked in the Code for Motor Vehicles, and all it states is "the driver of a vehicle shall drive...at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing...". It also states that to establish speed zones the DOT must do an engineering and traffic investigation and appropriate signs must be posted. There is also nothing in the SC Driver's Manual.
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All-TigerNet [14478]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:06 AM
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UH, THAT WOULD BE A JURY TRIAL FOR ME.
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All-TigerNet [13888]
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This is typical in places like Summerville and Andrews
Feb 23, 2015, 11:06 AM
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They get out of town drivers. That way, they know it's too costly for the driver to return to court and win the ticket. It's an age old scheme. The way to fix it? Start showing up for court, demanding a jury trial, and then citing Gideon vs. Wainwright for a public defender to represent you. That shifts the costs back on the town.
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Orange Blooded [2663]
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if you have money, you ain't getting Gideon & Wainwright....
Feb 23, 2015, 11:21 AM
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just sayin'. The public defender already has more cases than it can legitimately handle. The judge makes a determination as to whether or not you can afford an attorney, and that can include questions like, "Do you have jewelry you could sell?"
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Orange Blooded [4098]
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CU Medallion [53829]
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Yep. I got one in Andrews a few years ago heading to the
Feb 23, 2015, 8:44 PM
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beach for having no tailights. I showed the officer a receipt where I had paid a mechanic that day to fix the tailights. They had apparently gone out again. He said," You mean you left home knowing you had bad tailights?".
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Orange Blooded [4757]
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CU Guru [1098]
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Re: This is typical in places like Summerville and Andrews
Feb 23, 2015, 12:25 PM
[ in reply to This is typical in places like Summerville and Andrews ] |
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Agreed. My wife was a cop in Charleston and now works at city Hall in Hanahan. There are certain thing they do to get that quota. Small cities mostly will ticket people who are non residents.
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All-TigerNet [13038]
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Summerville isn't really small anymore though. It's one of
Feb 23, 2015, 9:03 PM
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the fastest growing areas in the state.
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Team Captain [464]
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Re: Summerville isn't really small anymore though. It's one of
Feb 23, 2015, 9:15 PM
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This isn't Andrews, that's for sure. We're not dependent on traffic tickets to run the town, either. I have to agree with Grover; I've been here a long time and the police here are pretty easygoing. They usually can stay busy enough without worrying about someone doing 5 over. Hope it turns out alright.
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Rock Defender [54]
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Orange Blooded [3049]
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Sounds like he was looking for anything to charge her with.
Feb 23, 2015, 11:07 AM
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That may be worth going to court over...
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Orange Blooded [4098]
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Re: Sounds like he was looking for anything to charge her with.
Feb 23, 2015, 11:39 AM
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got to fill their "daily quota"!!!!!!!!!!!!!!!!!!!!!!!!!!!
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CU Medallion [61847]
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Tell them your last name is Clowney.***
Feb 23, 2015, 11:09 AM
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You will get out of it and she will be reinstated for the Spring Game.
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Orange Blooded [2220]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:10 AM
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If you have a friend that is a lawyer... They can very quickly handle this ticket with a phone call
Summerville is the worst for writing tickets to out of town folks
if not Jury trial
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Head Coach [762]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:14 AM
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Do you have anything going on this weekend. Need to figure out how many patrons I need
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All-In [37023]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:15 AM
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.
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Rock Defender [54]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:16 AM
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Glad I found out about this. My daughter lives in Summerville, and I plan to visit her soon. Oddly enough, I thought that ALL SC cops are the worst in the nation. They always seemed to be that way to me. Moving back to SC this week and dreading having to deal with the Gestapo 'cause I tend to speed often.
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CU Guru [1746]
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I've always felt the same about SC police***
Feb 23, 2015, 11:31 AM
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Orange Blooded [4757]
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I've lived in Summerville for 18 years
Feb 23, 2015, 11:40 AM
[ in reply to Re: My wife got a speeding ticket in Summerville yesterday ] |
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And neither my wife nor I have ever gotten pulled over in town, nor have any of my relatives. I have a lot of trouble figuring out how a cop would "know" that a car with a SC plate was local or not. It sounds like some cop was just trying to make quota for the month.
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CU Guru [1400]
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If they have a mobile data terminal
Feb 23, 2015, 12:20 PM
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it takes just a few seconds longer than typing in the tag number to find out.
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Orange Blooded [4757]
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Re: If they have a mobile data terminal
Feb 23, 2015, 2:29 PM
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That's a good point. I stand corrected. Still, if they're turning on lights as soon as they see you "violate" a traffic law, chances are they haven't checked yet to see if you're local...
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Head Coach [762]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:19 AM
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Can't say I know but it's crazy how cops don't really know the law.
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CU Guru [1327]
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Did the officer list a code section on the ticket?
Feb 23, 2015, 11:36 AM
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He could charge her with too fast for conditions, but with the scenario you give where the visibility is good, I think this sounds like a BS charge. I am a lawyer, and I handle traffic cases. If you would like some help with it, email me at:
David@dbslegal.com
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All-American [566]
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No code on the ticket
Feb 23, 2015, 11:42 AM
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No code on the ticket. He said he would give her a break and charge her with a local ordinance so there would be no points against her license. He charged her with something like "Inattentive operation". I don't have the ticket with me and it was hard to read his writing.
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Hall of Famer [21614]
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It's a scam. You can fight it. May not win... but that's up
Feb 23, 2015, 11:44 AM
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to the personality of the all-powerful judge.
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CU Medallion [64593]
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It's nearing the end of the month....
Feb 23, 2015, 11:44 AM
[ in reply to No code on the ticket ] |
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and it sounds like the city is trying to reduce its bedget deficit.
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Legend [15530]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 11:36 AM
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You have a great argument. Sadly, you still may lose, especially in a small time traffic court, but take your documentation, and have a go at it. You'll be no worse off.
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Hall of Famer [21614]
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Cops have way too much authority in some places.
Feb 23, 2015, 11:41 AM
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If it doesn't fit under "protect and serve" then they shouldn't be doing it.
Going under the speed limit should never be a problem unless there is ice or some other emergency.
The problem is, our best defense against overzealous cops and rigid courts are lawyers... and they are usually worse... until you need one.
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Orange Blooded [4757]
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Hate to say it, but
Feb 23, 2015, 11:46 AM
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If she was driving down Main Street, the posted speed limit is 30. See https://www.google.com/maps/@33.021452,-80.174085,3a,75y,207.41h,90.42t/data=!3m4!1e1!3m2!1sH5lIj5pcOt_LjMgCPZZ_DA!2e0
That RR crossing is also a raised crossing and I can attest that going over it at full speed limit will knock your teeth together. If she was going 30, she's going to have a hard time having the ticket dismissed.
In my experience it's uncommon to get a speeding ticket in Summerville; I've lived here since 1997 and am not known to be light on the gas pedal. It sounds like she was just unlucky and caught the wrong cop in the wrong place at the wrong time. Might be quota week.
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All-American [566]
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My bad, I guess the posted speed limit is 30.
Feb 23, 2015, 12:01 PM
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But that still doesn't justify imposing an arbitrary non-posted speed limit across a railroad crossing just because it might rattle her teeth.
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CU Guru [1327]
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If nothing else, request a jury trial and then
Feb 23, 2015, 12:05 PM
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try talking to the officer. Let him know you are willing to actually try the case if necessary (even if that is not true). He may dismiss it rather than have to go to trial.
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Aficionado [190]
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Re: My bad, I guess the posted speed limit is 30.
Feb 23, 2015, 1:10 PM
[ in reply to My bad, I guess the posted speed limit is 30. ] |
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hard to understand how driving at the posted speed limit is a citation. I don't recall any part of the driver's manual that says you must slow down to cross rr tracks.
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Orange Blooded [4757]
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Re: My bad, I guess the posted speed limit is 30.
Feb 23, 2015, 2:30 PM
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Original poster just cited state law that drivers must drive over tracks at "an appropriate reduced speed".
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CU Guru [1400]
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I'm not a lawyer but
Feb 23, 2015, 8:28 PM
[ in reply to Re: My bad, I guess the posted speed limit is 30. ] |
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my friends in law enforcement have said that the posted speed limit is for ideal conditions and that if you go by the letter of the law you could legally charge someone with driving too fast for conditions at night, in the rain, etc. even if they are driving the posted speed limit. They say that the only time they utilize it in that way is when they already have multiple charges with a high probability of a conviction and they use too fast for conditions as an add on for the inevitable plea bargain.
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110%er [6320]
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I passed a cop the other day in the snow/ice
Feb 23, 2015, 8:56 PM
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It was on interstate he was doing ~30 and I was doing 45 (still 20 mph under the posted speed limit), and I was scared he may stop me. Of course, I would fight it because that is very subjective. I have a '14 Lariat 4 wheel drive, big tires, and made for less than idea conditions and he was in a Dodge Charger.
Not sure why there is a too fast for conditions ticket that you can get. Different vehicles, driving experience, etc all play rolls. Now if you hit a poll on an icy turn, then you were going too fast for conditions and I can see it given in that scenario.
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CU Guru [1400]
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That's actually
Feb 23, 2015, 9:14 PM
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when it's used most, primarily because it's hard to fight it when you have wrecked unless you can show a catastrophic equipment failure.
But like so many of our laws the way it is written leaves it open for varying interpretations.
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Orange Blooded [4757]
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"Driving too fast for conditions" is a catch-all
Feb 24, 2015, 9:52 AM
[ in reply to I passed a cop the other day in the snow/ice ] |
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for when you may not have been doing anything explicitly illegal/unlawful, but still were going fast enough to make something bad happen. It's very difficult to fight.
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110%er [9032]
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Go to magistrates court, then start shouting;
Feb 23, 2015, 11:49 AM
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I can't breathe!!!
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CU Guru [1944]
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Tiger sticker on her car????
Feb 23, 2015, 11:58 AM
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If so, could be a coot cop that wanted to issue a citation to a Tiger. Hey, it happens. Regardless, I would fight this one even if I had to take a day from work to do so.
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All-American [566]
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Yep, two of them and a license plate.***
Feb 23, 2015, 12:02 PM
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Oculus Spirit [96873]
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Surprised this important kweshion has not been axed:
Feb 23, 2015, 12:06 PM
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pigs of wife?
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Legend [17803]
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Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:10 PM
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All-In [26036]
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Re: Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:12 PM
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Summerville has been overrun with coots. Do you have Clemson stuff on your car ? Decals, etc.
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All-In [38429]
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Re: Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:21 PM
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Tell him you're friends with former Green Wave and Clemson player Bernard Rambert ...or if he is from my generation Keith Jennings ...or if he is an ancient cop say your daddy went to school with Billy Hair. Even if Coot , he is almost certainly a Green Wave backer. All Hail Lord McKissick !
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110%er [8866]
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Re: Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:26 PM
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McKissick is such an ###. Granddaughter in band at Svlle the crap he pulls
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All-In [38429]
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Re: Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:28 PM
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Lol. I played at Berkeley under Gerald Moody ...no argument here on your accurate assessment of John McKissick
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110%er [8866]
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Re: Geaux Clemson Football Tigers!***
Feb 23, 2015, 12:35 PM
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He tried to stop the band from marching on his football field.. Won't let them walk across his practice football field.. An ###
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110%er [8866]
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Re: My wife got a speeding ticket in Summerville yesterday
Feb 23, 2015, 12:25 PM
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I live in Ladson and I'll tell you to request that jury trial or at the minimum go to court. A lot of quota tickets lately
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Oculus Spirit [90820]
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Did the spouse check to see if officer on SEC/Coot Speed?!
Feb 23, 2015, 1:16 PM
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Like on drugs or if a Coot grad! LOL.
GoTiGERS!
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Oculus Spirit [90820]
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Oh, was Wife sporting a PAW sticker on car? Sounds Coot-like
Feb 23, 2015, 1:19 PM
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LOL, but could be true!
GoTiGERS!
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Legend [16447]
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was it the cop car I see around town
Feb 23, 2015, 9:08 PM
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With the gamecock license plate on the front?
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