§ 56-5-2910. Reckless homicide; penalties; revocation of driver's license; reinstatement of license; conditions; consequences for subsequent violations.

Codes > Code of Laws of South Carolina > Title 56 > Chapter 5 : Article 23 > 56-5-2910. Reckless

56-5-2910. Reckless homicide; penalties; revocation of driver's license; reinstatement of license; conditions; consequences for subsequent violations.

(A) When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The Department of Motor Vehicles must revoke for five years the driver's license of a person convicted of reckless homicide.

(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.

The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Motor Vehicles within ten days.

(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.