Town of Hilton Head Island v. Godwin

In this action, the Town of Hilton Head Island (the Town) appeals the order of the circuit court denying its motion to dismiss and granting a new trial in favor of Montgomery Godwin. We vacate. 1

FACTS

In July 1995, Godwin received a citation charging him with criminal domestic violence. The uniform traffic ticket set a trial date for August 8, 1995. When Godwin failed to appear, the Hilton Head Island municipal court found him guilty, in absentia; assessed a $304 fine; and issued a bench warrant for his arrest. 2 Godwin neither appealed the conviction nor took any other action to set aside the…