COLUMBIA - Lt. Gov. Andre Bauer was caught speeding by the S.C. Highway Patrol twice in a two-month period - one time breaking 100 mph in a state-issued car - but was not ticketed in either case.

The most recent incident occurred at 11:45 p.m. Feb. 25 when a state trooper observed Bauer's vehicle traveling 101 mph in a 70 mph zone on Interstate 77 in Chester County.

Bauer, 37, pulled to the side of the road, identified himself as "S.C. Two," unofficial code for the state's second-highest constitutional officer, and drove away without incident.

On Dec. 26, a Laurens County trooper pulled over Bauer for driving 78 mph in a 65 mph zone on Interstate 385. That time he received a written warning.

Bauer said he never asked for or expected preferential treatment. But in both cases he made clear he was the state's No. 2 ranking official, according to video and audio records obtained from the troopers' vehicles by The Post and Courier through a Freedom of Information Act request.

Bauer said "there's no excuse" for his speeding. "I should have been paying more attention than I was," he said in an interview. "It was late at night, and I probably shouldn't have been driving at all. It was bad judgment."

The incidents prompted Public Safety Director Jim Schweitzer, who manages the Highway Patrol, to issue a directive clarifying that elected officials do not get a pass when it comes to breaking the law.

"The driver's status as a public official or prominent individual ... should never dictate the enforcement action taken or enter into the officers' decision-making process about the appropriate enforcement action in any way," the directive reads.

Schweitzer refused to disclose whether either trooper was disciplined for their actions but said the Chester County incident arose internally and reached Gov. Mark Sanford last week.

Sanford spokesman Joel Sawyer said the governor "believes strongly that preferential treatment should never be a factor when enforcing the law."

Unlike governors and previous lieutenant governors, Bauer does not have a security detail that drives him around the state. Sanford denied a request from Bauer for a detail last year, Bauer's office said.

In the Chester County episode, the trooper let Bauer off the hook because he was under the impression that Bauer was another law enforcement officer acting in his official capacity, Schweitzer said. It was only later discovered that the driver was Bauer.

After the trooper first observed Bauer going triple digits down the highway, the lieutenant governor used his hand-held radio to tell the officers that "S.C. Two" was "passing through."

When the trooper with lights flashing caught up to Bauer's state-owned vehicle, which is similar to an unmarked police car, he was already pulled over at an exit. The trooper asked Bauer's name and the lieutenant governor again identified himself as "S.C. Two."

The trooper then says, "You have a good night, sir," and lets him drive away.

Schweitzer said the code doesn't stand for anything, but his officer might have mistakenly thought it did. "S.C. 1," however, is an official code name used for the governor, he said.

Public Safety gave Bauer the radio, but Schweitzer said it "is provided for emergency use, plain and simple. In this particular case, I'm not aware of any emergency he was responding to."

Bauer was driving home from a charity event near Rock Hill at the time of the stop. He said he was traveling in a pack of cars and didn't think he was going 101 mph. Using the code name was a way to tell the officers not to worry about approaching him, Bauer said.

If Bauer had received a ticket, it would have included six points on his driver's license for excessive speeding.

Bauer did not use the code name when he was pulled over in his personal vehicle in December, but the officer quickly recognized him. Bauer acknowledged that he was the lieutenant governor, and the trooper issued him a warning.

The trooper even asked why he didn't have special tags, and Bauer replied, "It causes more problems than it helps."

If he had received a ticket for going 13 mph over the speed limit, it would have netted him four points. Anything more than 12 points could result in the suspension of his license.

This is not the first time Bauer's traffic violations have made headlines. In May 2003, Columbia police held him at gunpoint after he was pulled over for running red lights and speeding. Bauer received two tickets and paid the fines in that case, he said.

According to Department of Motor Vehicle records obtained by The Post and Courier, Bauer also received two speeding tickets in 1998, while he was a state lawmaker, and his license was suspended for 12 days because he failed to pay one of those tickets.

At this point, Bauer has no points on his driving record.

 

On the Net

To hear audio from the incidents and read the Public Safety director's statement, go to www.charleston.net/webextras.

 

Reach John Frank at (803) 799-9051 or jbfrank@postandcourier.com.