No Admission of Guilt Fines

[FCassim]

Hi

I'm a 20 year old med student.
I received a fine today(24/10/2015) which states i was doing 114km/h in a 70km/h zone in Pretoria, sometime in May.
I was rushing from the hospital to university to write an exam.
I assume I have to appear in court - what's the procedure.
Will I have to pay a fine?

Thanx

 

[marine1]

Hi

I'm a 20 year old med student.
I received a fine today(24/10/2015) which states i was doing 114km/h in a 70km/h zone in Pretoria.
I was rushing from the hospital to university to write an exam.
I assume I have to appear in court - what's the procedure.
Will I have to pay a fine?

Thanx

Appear in court and pay fine if you lucky, speak to prosecutor and DO NOT tell him why you were speeding

 

[koeksGHT]

Appear in court and pay fine if you lucky, speak to prosecutor and DO NOT tell him why you were speeding

+1 Do not admit

 

[Hemi300c]

If the process date is more than 30days after the infringement it's invalid.

 

[CAPS LOCK]

Hi

I'm a 20 year old med student.
I received a fine today(24/10/2015) which states i was doing 114km/h in a 70km/h zone in Pretoria, sometime in May.
I was rushing from the hospital to university to write an exam.
I assume I have to appear in court - what's the procedure.
Will I have to pay a fine?

Thanx

You have to appear in court only after summons is issued and properly served on you. What exactly are you asking?

 

[HavocXphere]

hehe...yup. The one and only speeding fine I've ever received is heading to an exam as well.

Still amazed by that actually since I regularly cruised limit +10% which is technically cutting it close

 

[Jola]

You have to appear in court only after summons is issued and properly served on you. What exactly are you asking?

Those fines usually are a summons, and have therefore been served.

That happens when you travel more than 40kph over the limit.

 

[Rocket-Boy]

You have to appear in court only after summons is issued and properly served on you. What exactly are you asking?

It is considered a valid summons if its sent to your address afaik.
There are two options, pay an admission of guilt fine or appear in court.
If you choose not to pay the admission of guilt and dont appear in court then it puts you in contempt of court which adds additional charges and can result in the issue or an arrest warrant.

 

[CAPS LOCK]

Those fines usually are a summons, and have therefore been served.

That happens when you travel more than 40kph over the limit.

'Those' fines you speak of, simultaneously provide for the sanction (fine) if guilt is admitted and also the notice to appear in court should you wish to contest it - these are signed for noted on the spot when the traffic officer hands you the fine/notice under signature. If you don't pay and ignore the fine/notice then a warrant may be issued. OP does not appear to have been Properly served, he would otherwise not be assuming that he must appear - he would know.

 

[CAPS LOCK]

It is considered a valid summons if its sent to your address afaik.
There are two options, pay an admission of guilt fine or appear in court.
If you choose not to pay the admission of guilt and dont appear in court then it puts you in contempt of court which adds additional charges and can result in the issue or an arrest warrant.

Never. The law is pretty succinct wrt summons procedures, and that is personal service is required - A letter in the post does not cut the mustard.

 

[HavocXphere]

It is considered a valid summons if its sent to your address afaik.

I seem to recall that there is some element of "receiving" involved too. i.e. you don't need to receive it yourself, but post office making a bonfire with it doesn't cut it as "sent".

 

[AfricanTech]

Got one of these recently

No admission of guilt allowed

Prosecutor told me to hop it - I have to appear and explain to judge why I was doing 92 in a 60 zone (not a residential road, no pedestrian access, etc ie a speed trap zone designed to collect fines) - a feeder into the highway

Had a court date - went to the court building - got told to bugger off again 'cos there was no case number

Now wag ek maar vir die volgende stuk papier wat se wanneer ek die landdros se tyd kan gaan mors

All I want to do is pay the fecking fine - instead, everyone's time is wasted

Stupidity all round (including me for neglecting to observe how fast I was going in the first place)

 

[CAPS LOCK]

I seem to recall that there is some element of "receiving" involved too. i.e. you don't need to receive it yourself, but post office making a bonfire with it doesn't cut it as "sent".

There is a distinction between civil and criminal procedures. In civil cases the courts may even grant an applicant permission, in exceptional circumstances, to sue on a substituted service using facebook.

The only deviation I know in criminal matters is when summons is issued, and at either your work or home a person believed to be over the age of 16 can sign for it.

 

[LazyLion]

Never. The law is pretty succinct wrt summons procedures, and that is personal service is required - A letter in the post does not cut the mustard.

Unless it is sent registered mail.

http://carinsurance.arrivealive.co....s-before-a-traffic-ticket-becomes-invalid.php

 

[CAPS LOCK]

Unless it is sent registered mail.

http://carinsurance.arrivealive.co....s-before-a-traffic-ticket-becomes-invalid.php

Sorry, I still don't see where a registered letter complies iro summons in criminal cases.

 

[koeksGHT]

Sorry, I still don't see where a registered letter complies iro summons in criminal cases.

You have to receive using ID?

 

[CAPS LOCK]

You have to receive using ID?

Yes - but there are no provisions in the criminal procedure Act for effecting a service by post method, of any type.

 

[koeksGHT]

Yes - but there are no provisions in the criminal procedure Act for effecting a service by post method, of any type.

Then there is your court case.

 

[marine1]

You have to appear in court only after summons is issued and properly served on you. What exactly are you asking?

Nope if it's a direct summons.
You can see on the paper it says it's a notice before summons
If it's handed to you in person that's a direct one

 

[CAPS LOCK]

Nope if it's a direct summons.
You can see on the paper it says it's a notice before summons
If it's handed to you in person that's a direct one

Yes, one is a written notice to appear with option to admit guilt + pay fine, the other is simply a summons issued out of court. OP needs to furnish further info. There's too much speculation. For me, the manner this document came to his knowledge provides the clues to what it is he's actually reading and the implications.