Advice needed: Speeding fine (Section 56) - Criminal Procedure Act

Zound

///Member
In a bit of a dilemma and would appreciate any advice.

On the 10th of December I was pulled over by a traffic cop for speeding. The radar recorded a speed of 103km/h in an 80km/h zone (Range 214.8m), thereafter I received a court summons notice to appear in court on the 2nd of February 2016 or pay an "Admission of Guilt fine" amounting to R1000 to be paid by the 20th of January 2016. This took place entering into the town of Piet Retief, Mpumalanga at 10:35 am.

My reason for speeding:
My friends and I were on our way to Mozambique (Ponta Du Ouro) and my GPS had mistakenly routed us through the top of Mozambique as opposed to taking us below and around Swaziland to the Kosi Bay border post. I noticed the error in navigation about an hour off track. We had organised a border post transfer service for a specific time, for a group of 20 of us and I was not prepared to inconvenience the entire group by attempting to reschedule the transfer service because of my blunder.

My problem:
1) If I pay the admission of guilt fine, I am supposedly going to receive a criminal record.
2) I do not have the luxury of affording a lawyer to defend/represent me in court, nor the time or associated resources of travelling and expending time in the town of Piet Retief, approximately 4 hours drive from my residence.

I'd happily pay the fine but the aspect of receiving a criminal record simply isn't something I'm willing to accept. The concept of wholesale/mass criminalizing of minor traffic offenses is an absolute injustice and a draconian system.

The AARTO system should have been incorporated nationally decades ago, and now I am facing the injustice of a geologically discriminating prosecutory system.

I understand that I have the right to "write"/"Make representation" to the Prosecutor in order to reduce/withdraw my fine, however I have spent the last week trying to find an appropriate email address for the public prosecutor or relevant traffic department and have found nothing.

I appreciate any and all advice.

Thanks in advance.
 

Oldman

New member
1. 214 meters is out of the permissible range of 38-60 meters so technically you should have argued the fact
2. 23km over the limit should attract R650 if paid in 30 days
3. You don't get a criminal record

All your reasons for speeding is inadmissible in a court of law

You have two options appear in court or write a letter to the prosecutor quoting the tariffs and offer to pay half of the fine no criminal record as it is not 30km/h over in a built up area or 40km/h over on a freeway. See tariff in the link below

http://www.aarto.gov.za/index.php/traffic-charges


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ChefDJ

///Member
Go to court on the day of appearance.

Go to the prosecutor and ask him if you may discuss "diversion" and let him know this is your first offence. Let the discussion take its course.

That is all.

Do not skip court becaue they will issue a warrant for arrest.

Do not be a hard arse to the prosecutor because he will just get annoyed and use all his power to make your life hell.
 

Zound

///Member
Oldman said:
1. 214 meters is out of the permissible range of 38-60 meters so technically you should have argued the fact
2. 23km over the limit should attract R650 if paid in 30 days
3. You don't get a criminal record

All your reasons for speeding is inadmissible in a court of law

You have two options appear in court or write a letter to the prosecutor quoting the tariffs and offer to pay half of the fine no criminal record as it is not 30km/h over in a built up area or 40km/h over on a freeway. See tariff in the link below

http://www.aarto.gov.za/index.php/traffic-charges


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I am being prosecuted under the Criminal Procedure Act, the residing policy in the province of Mpumalanga, not AARTO - which currently is implemented in the Gauteng area - "AARTO is an acronym for the Administrative Adjudication of Road Traffic Offences Act. It is not an entity and it is only in force in the operational areas of the Johannesburg Metropolitan Police Department (JMPD) and the Tshwane Metropolitan Police Department (TMPD). Elsewhere in South Africa, the Criminal Procedure Act applies.

The distinct difference AARTO has from the Criminal Procedure Act is that AARTO is an administrative process, whilst the Criminal Procedure Act is exactly what it's name denotes, a criminal procedure." - www.aarto.co.za (26/12/2015)


ChefDJ@TheFanatics said:
Go to court on the day of appearance.

Go to the prosecutor and ask him if you may discuss "diversion" and let him know this is your first offence. Let the discussion take its course.

That is all.

Do not skip court becaue they will issue a warrant for arrest.

Do not be a hard arse to the prosecutor because he will just get annoyed and use all his power to make your life hell.

Would it not be more feasible to first attempt to make a written representation to the prosecutor?

It's surely a large gamble making an appearance in court without a defense lawyer.

Regardless, I appreciate the input :ty:
 

Oldman

New member
All the same the same go and see the prosecutor before the court date to plea, there is still no criminal record for speeding. Find out what the legal distance to record your speed usually 38-68 meters or ask a current traffic officer to determine whether it was fair. Secondly there are rules for radar trapping proximity to flat steel structures etc. you are able to represent yourself.


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cOlDFuSiOn

New member
First I have heard of getting a criminal record for speeding? Paying a fine is admission of guilt.. R1k for +20ish seems rough... :YesNo:
 

Zound

///Member
444YYY@TheFanatics said:
Has the 400m range of trapping now fallen away?

"REQUIREMENTS FOR PROSECUTION USING RADAR

2.1 Site selection and setup for different classes of Radar-

(a) Class A1 and A2 - The equipment may only be used where there are –

(i) no metal road signs or vertical flat surfaces larger than 1 meter in height within 15 (fifteen) degrees on either side of the aiming direction, within a distance of 200m of the antenna;
(ii) no signals received and processed from vehicles more than 500 metres away;
(iii) no other moving vehicle other than the measured vehicle within 600 metres from the SME in the direction of operation."


dsc_0001 (1024x599)_2343074204.jpg
 

riaz09

Member
325iSmk2 said:
riaz09 said:
Zound said:
In a bit of a dilemma and would appreciate any advice.

On the 10th of December I was pulled over by a traffic cop for speeding. The radar recorded a speed of 103km/h in an 80km/h zone (Range 214.8m), thereafter I received a court summons notice to appear in court on the 2nd of February 2016 or pay an "Admission of Guilt fine" amounting to R1000 to be paid by the 20th of January 2016. This took place entering into the town of Piet Retief, Mpumalanga at 10:35 am.

My reason for speeding:
My friends and I were on our way to Mozambique (Ponta Du Ouro) and my GPS had mistakenly routed us through the top of Mozambique as opposed to taking us below and around Swaziland to the Kosi Bay border post. I noticed the error in navigation about an hour off track. We had organised a border post transfer service for a specific time, for a group of 20 of us and I was not prepared to inconvenience the entire group by attempting to reschedule the transfer service because of my blunder.

My problem:
1) If I pay the admission of guilt fine, I am supposedly going to receive a criminal record.
2) I do not have the luxury of affording a lawyer to defend/represent me in court, nor the time or associated resources of travelling and expending time in the town of Piet Retief, approximately 4 hours drive from my residence.

I'd happily pay the fine but the aspect of receiving a criminal record simply isn't something I'm willing to accept. The concept of wholesale/mass criminalizing of minor traffic offenses is an absolute injustice and a draconian system.

The AARTO system should have been incorporated nationally decades ago, and now I am facing the injustice of a geologically discriminating prosecutory system.

I understand that I have the right to "write"/"Make representation" to the Prosecutor in order to reduce/withdraw my fine, however I have spent the last week trying to find an appropriate email address for the public prosecutor or relevant traffic department and have found nothing.

I appreciate any and all advice.

Thanks in advance.
Call this number 0722726993



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Er, promoting criminal activity on a forum is not a good idea.


My bad I've deleted it. Kindly remove your post too, as it shows it.
Thanks
 

r0ckf1re

Well-known member
“No prosecution may be instituted where the speed measurement was taken within 300 metres of the commencement of the speed limit zone, except with permission from the Director of Public Prosecutions.”

Traps have been known to frequently be set up inside 300m of a speed change sign. 

http://www.greedfines.co.za/TCSP.asp



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ChefDJ

///Member
Dude you can try and write but it won't help. You do not need a lawyer to bargain with the prosecutor. Simply appear and answer as requested. Try speak to the prosecutor on the day before having to appear and if you reach an agreement on diversion you may not even need to appear.

Like I said. Discuss diversion. They cannot deny you that right. Offer community service or something to avoid a criminal record.
 
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