Statutes | S.C. Code Ann. ยง 56-5-2910 | 2025
(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 vehicular homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless vehicular 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 shall revoke for five years the drivers license of a person convicted of reckless vehicular homicide.
(B) After one year from the date of revocation, the person may petition the circuit court in the county of the persons residence for reinstatement of the persons drivers license. The person shall serve a copy of the petition upon the solicitor of the county. The solicitor shall notify the representative of the victim of the reckless vehicular homicide of the persons intent to seek reinstatement of the persons drivers 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 persons drivers 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 the term of imprisonment or paid the fine, assessment, and restitution in full, or both and
(3) the persons 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 drivers license before the completion of the full five-year revocation period, or the judge may order the granting of a route restricted 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 drivers license reinstatement. The order of the judge must be transmitted to the Department of Motor Vehicles within ten days.
(C) If the persons privilege to operate a motor vehicle is reinstated, a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the persons drivers license and imposition of the full period of revocation for the reckless vehicular homicide violation.