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Bauer not ticketed after being clocked at 101 mph
Videos show traffic stops involving lieutenant governor

Published: Wednesday, March 29, 2006 - 6:00 am


By Tim Smith
STAFF WRITER
tcsmith@greenvillenews.com

COLUMBIA — Lt. Gov. Andre Bauer was stopped twice for speeding in the last four months — once for going 101 miles per hour in his state car — but wasn't issued a citation, state records show.

Bauer last week denied to a reporter for The Greenville News that he had been stopped for speeding by the Highway Patrol.

A citation should have been issued in the 101-mph case, said James K. Schweitzer, director of the South Carolina Department of Public Safety, which houses the Highway Patrol. He said he has since issued a memo to the agency warning troopers that an enforcement action decision shouldn't be based "on the driver's status as a public official or prominent official."

The incidents were disclosed as a result of South Carolina Freedom of Information Act requests filed by The Greenville News and other news organizations.

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Had he been charged and convicted, Bauer faced a total of 10 points against his driving record for the two stops, said Highway Patrol Col. Russell Roark.

Twelve points results in a suspended license.

"I made a mistake, I am embarrassed by these events, and I accept responsibility for having a lead foot," Bauer said in a prepared statement released Tuesday evening.

He couldn't be reached to explain his denial last week.

Bauer said in his attempt to be at many events he often "over-extends" himself. But he said he doesn't wish to be treated any differently than any other citizen.

Schweitzer said that one trooper didn't cite Bauer because he thought Bauer was another law enforcement officer. Bauer's state-issued car is a Ford Crown Victoria, a favorite model of police departments, and is equipped with a state-issued radio, Schweitzer said.

He said the other trooper gave Bauer a warning ticket.

Records and videos obtained under the state Freedom of Information Act show Bauer was clocked going 101 a little before midnight along Interstate 77 in Chester on Feb. 25. He was driving his state-issued car.

Bauer contacted a Highway Patrol dispatcher to try and alert the troopers following him who he was, according to a transcript provided by DPS.

"Chester, SC2," Bauer radios, referring to his lieutenant governor code, SC2. "Just wanted you to know we're passing through Southbound 77."

According to the transcript, two troopers discuss Bauer's car, not knowing who is driving it.

"I'm passing 57 southbound with one in triple digits," one trooper radios. "I'm trying to catch up to him."

Bauer then pulls over and the trooper pulls beside him. He let Bauer go without a warning ticket or even checking his identity because he thought Bauer had to be a law enforcement officer, Schweitzer said. He said his speed and vehicle made the trooper believe Bauer was on police business.

"I do not agree with the manner in which this stop was conducted, although I understand how the decision was made," he said.

He said the trooper, Frank Murphy, potentially placed himself in danger by not following proper procedure.

"In the absence of a justifiable exigency in this incident the driver should have been issued a summons," Schweitzer said.

He said he couldn't disclose whether the agency was taking any disciplinary action against any trooper involved in the Bauer stops. He said the agency discovered the stops after the trooper, later discovering who the driver was, reported the incident to a superior.

Bauer also was stopped Dec. 26 in Laurens County along Interstate 385 for doing 77 or 78 in a 65 zone, Schweitzer said. He was driving a 2006 BMW in that incident, records show, and was issued a warning ticket.

When the trooper arrives at his window and asks for his registration, Bauer explains it is in the glove compartment.

"There may be a gun in there, I'm not sure," he says, according to the video of the stop.

Bauer asks the trooper how fast he was going and later explains that he is "just running late, as usual," according to the video. "I should have known to be watching in Laurens," he said.

As he is saying goodbye to the trooper, Bauer says, "Let me know if I can help you with something."

Schweitzer said he doesn't believe Bauer intended anything improper with the remark, which he said is a common salutation in the state.

He said he doesn't want the stops to draw criticism of state troopers, who he said must confront unique situations on a daily basis.

"I am not removing an officer's discretion," he said, "but I am insisting that officers use their discretion wisely and without prejudice with the goal in mind of improving safety on our highways."

Joe Erwin, chairman of the state Democratic Party, issued a statement criticizing the Republican lieutenant governor.

"Andre Bauer has demonstrated once again his unbelievable immaturity and lack of good judgment," he said.

"His continuing actions endanger the safety of other drivers and pedestrians. Bauer's apparent misrepresentation to law enforcement agents is an extremely serious and disturbing matter."

In his statement Tuesday, Bauer said that he wants to apologize "for the negative attention that my actions have brought to the Office of Lieutenant Governor and for the time and attention that has been taken away from the important issues facing the citizens of South Carolina because of it."

Bauer agreed to plea guilty to charges of driving too fast for conditions and disregarding a traffic control device in 2003 after he was charged with reckless driving. In that incident, a Columbia police officer reported that he felt Bauer was approaching him in an aggressive manner during the stop and drew his gun.

"I have always acknowledged my error, asked for no special treatment, and, if anything, to be held to a higher standard of accountability in order to set the proper example," Bauer said at the time.