Traffic enforcement focus should be safety, not fines

Published Saturday, November 7, 2009

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Two Hardeeville police officers who pleaded guilty to charges of illegally taking money from motorists are exhibits A and B for why the practice of collecting fines on the roadside was a very bad idea.

The two officers pleaded guilty this week to charges they stole cash taken from motorists during traffic stops. The charges stemmed from an investigation by the S.C. Law Enforcement Division.

Judge J. Ernest Kinard sentenced Tony Pollen of Ridgeland to five years of probation and 500 hours of community service. Pollen also was fined $500 and ordered to make restitution of $307, according to a press release from 14th Circuit Solicitor Duffie Stone's office.

Kinard sentenced the other former officer, Christian R. Nollinger of Bluffton, to six months of probation, four days of community service and a $150 fine.

Given the breach of public trust here, the sentences, particularly the $307 in restitution to be paid by Pollen, seem light. Pollen was charged with embezzling more than $5,000 in public funds. Full restitution for the amounts documented by the SLED investigation would seem to be in order. But without being privy to any plea bargain discussions, it's difficult to know what led to these particular sentences.

The practice of collecting fines roadside came to a halt in December 2007 after the state Attorney General's Office said it was against the law. Only state troopers have the authority to do so.

Hardeeville, which is sliced by busy Interstate 95, was the only local police agency doing it. Hardeeville Police Chief Richard Nagy said the city used the cash bonds mostly for out-of-state drivers, especially if officers thought the person had no connection to the area and might never pay the fine.

But there were other ways to ensure out-of-state drivers answered for their offenses. If an out-of-state driver doesn't pay a ticket, South Carolina officials notify authorities in the driver's home state, who take action.

Hardeeville has worked to correct problems in its police force.

Pollen was one of about half of the 18-officer department who quit or were fired during a shake-up between mid-2006 and June 2007, when Nagy was hired. A city-commissioned report found that officers were operating in a "vacuum," without much guidance, leadership or even a proper policy handbook.

Hardeeville and Bluffton had to stop another traffic ticket practice in 2006. State uniform traffic tickets were converted to "town tickets," which allowed municipalities to keep all the revenue from the tickets. The practice was almost coercive because those who pleaded guilty generally paid a larger fine, but didn't get points on their driving records.

It also was against state law.

Bluffton ended up paying $471,832 for uncollected fines owed the state. That figure came in a negotiated settlement.

That's why it was unsettling during the past legislative session to see Rep. Bill Herbkersman introduce a bill that would have allowed officers to issue traffic citation "warnings" that would come with fine of $80, but no points on your driving record. Ninety percent of the fines collected would go to municipal coffers.

Fortunately, as predicted by Herbkersman, who said he introduced the bill at the behest of unnamed officials, it died in committee.

The bottom line is that police and municipal officials must guard against viewing traffic enforcement as a money-making opportunity. And state lawmakers should guard against it, too.

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151 Gascoigne Bluff, Bluffton, S.C. 29910
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Rick Caporale (R-District 1)
17 Salt Wind Way, Hilton Head Island, S.C. 29926
Office: 680-9999; fax: 681-6700
Steven Baer (R-District 2)
10 Heather Lane, Hilton Head Island, S.C. 29926
Office: 689-3570; fax: 689-3569
Stu Rodman (R-District 3)
27 Baynard Park, Hilton Head Island, S.C. 29928
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Weston J. Newton chairman (R-District 4)
P.O. Drawer 7049, Hilton Head Island, S.C. 29938
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William McBride (D-District 5)
P.O. Box 77, St. Helena Island, SC 29920
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Gerald Dawson (D-District 6)
64-A Horace Dawsone Drive, Seabrook, SC 29940
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Paul Sommerville vice chairman (R-District 7)
1509 Pigeon Point Road, Beaufort, SC 29902
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Herbert N. Glaze (D-District 8)
P.O. Box 4053, Burton, SC 29903
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Brian Flewelling (R- District 9)
25 Petigru Drive, Beaufort, SC 29902
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Office:(843)379-9805
Jerry Stewart (R-District 10)
11 Teaberry Lane, Bluffton, S.C. 29909
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Laura Von Harten (D-District 11)
166 Fuller Parkway, Beaufort, SC 29902
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Fred S. Washington chairman (District 11)
PO 325, 804 West Street, Beaufort, SC 29901
(C) 843-524-8404
Bob Arundell vice chairman (District 2)
198 Woodlake Villas, Hilton Head, S.C. 29926
Home: 681-8502; work: 7855-8040; fax: 785-3056;
Joan Deery (District 1)
5 old Fort Drive, Hilton Head, S.C. 29926
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Wayne Carbiener (District 3)
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Laura Bush (District 4)
P.O. Box 172, Bluffton, S.C. 29910
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Michael F. Rivers, Sr. (District 5)
734 Seaside Road, St. Helena, SC 29920
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Earl Campbell (District 6)
93 Bruce Smalls, Grays Hill, P.O. Box 768, Lobeco, SC 29931
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(C) 843-476-7512
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Jim Bequette (District 7)
4 Broomfield Lane 2532, Beaufort, SC 29907
(H/C) 843-263-8327
Herbert Burnes (District 8)
95 Pine Grove Road, Beaufort, SC 29906
(H) 843-846-445
(C) 843-263-2776
Ronald Speaks (District 9)
3121 Palomino Dr., Burton, SC 29906
(H) 843-525-1163
(W) 843-525-8277
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George Wilson (District 10)
20 Osprey Circle, Callawassie Island, S.C. 29909
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Mayor Billy Keyserling
771 Ribaut Rd., Beaufort, SC 29902
(843) 986-2444 (Work)
(843) 521-2600 (Home)
Councilwoman Donnie Ann Beer
P.O. Box 1171, Beaufort, SC 29901
379-6099 (Home)
379-2750 (Work)
Councilman Gary Fordham
860 Ribaut Road, Beaufort, SC 29902
524-3334 (Home)
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809 Craven St., Beaufort, SC 29902
252-5687
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2302 Wilson Dr. Beaufort, SC 29902
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Mayor Thomas D. Peeples
4 Hartford Place, Hilton Head Island, SC 29928-3922
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Bill Ferguson (Ward 1)
634 William Hilton Parkway, Hilton Head Island, SC 29928
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William Harkins (Ward 2)
3 Old Fort Lane Hilton Head Island, SC 29926
263-3261 - cell
Drew A. Laughlin (Ward 3)
5 McIntosh Road, Hilton Head Island, SC 29928
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John Safay (Ward 4)
19 Starboard Tack, Hilton Head Island, SC 29928
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George Williams (Ward 5)
8 Braddock Cove, Hilton Head Island, SC 29928
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Ken S. Heitzke (Ward 6)
3 Audubon Place, Hilton Head Island, SC 29928
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