Not signing for Traffic fine?

[JRJakkals]

Hello Everybody

What does the law say if I dont sign(refuse) a traffic fine? Struggling to find the answer on the internet.
For example, a traffic cop pulled me over and told me "I didn't stop at the stop street", but I did. Now it is my word against the traffic cops word.

 

[My_King]

Hello Everybody

What does the law say if I dont sign(refuse) a traffic fine? Struggling to find the answer on the internet.
For example, a traffic cop pulled me over and told me "I didn't stop at the stop street", but I did. Now it is my word against the traffic cops word.

Best is to ask a lawyer who deals with this.

 

[Neo_X]

yup , don't think getting into a fist fight is the way to go. Accept the fine, and use correct channels to fight it later.

 

[OkPlankton]

Hello Everybody

What does the law say if I dont sign(refuse) a traffic fine? Struggling to find the answer on the internet.
For example, a traffic cop pulled me over and told me "I didn't stop at the stop street", but I did. Now it is my word against the traffic cops word.

it happened to me not long ago. Was so much of a process to fight it, I just signed and accepted the fine. Had to go to traffic court like 3 times, they couldn't prove I didn't stop because there was no camera and they also took my previous fines into account to see if I'm a bad boy. Turns out I wasn't, I wasn't liable for the fine.

 

[deweyzeph]

Hello Everybody

What does the law say if I dont sign(refuse) a traffic fine? Struggling to find the answer on the internet.
For example, a traffic cop pulled me over and told me "I didn't stop at the stop street", but I did. Now it is my word against the traffic cops word.

Not sure what you mean by "don't sign". Do you mean that you want to challenge the fine in court?

 

[Xtm]

Don't pay until they provide the evidence. They must show you on the camra that you did or didn't

 

[RonSwanson]

Did your wheels stop turning? Do you have an eye witness?

The fact that the traffic cop stopped you is basically direct arrest, the cop has witnessed a contravention of the traffic act and is releasing you on a fine. If you don't sign, then technically he can lock you up in a holding cell and you should face a magistrate within 48 hours. If your word against his, his will be preferred by the magistrate.

If you did stop at the stop sign, what motivation would the cop have for giving you a fine? What reason would he have to stop you to tell you that you didn't? If you are innocent, you will need to provide a reasonable answer to the magistrate on this question.

Rather accept the fine (yes, sign it) and refer the fine to the public prosecutor, in writing notify the prosecutor that you intend defending the contravention and fine in court.

 

[deweyzeph]

Did your wheels stop turning? Do you have an eye witness?

The fact that the traffic cop stopped you is basically direct arrest, the cop has witnessed a contravention of the traffic act and is releasing you on a fine. If you don't sign, then technically he can lock you up in a holding cell and you should face a magistrate within 48 hours. If your word against his, his will be preferred by the magistrate.

If you did stop at the stop sign, what motivation would the cop have for giving you a fine? What reason would he have to stop you to tell you that you didn't? If you are innocent, you will need to provide a reasonable answer to the magistrate on this question.

Rather accept the fine (yes, sign it) and refer the fine to the public prosecutor, in writing notify the prosecutor that you intend defending the contravention and fine in court.

The burden of proof is on the state to prove that you're guilty. You don't have to prove a damn thing.

 

[RonSwanson]

The burden of proof is on the state to prove that you're guilty. You don't have prove a damn thing.

The proof is the traffic cop's testimony under oath.

 

[RedViking]

Sign and write email / fax to court.

 

[deweyzeph]

The proof is the traffic cop's testimony under oath.

If that's the only evidence they have then any good lawyer will rip that to shreds.

 

[chrisc]

I have a dashcam for that very purpose

Was pulled over near Hermanus. Cop said I had overtaken on a solid line. I pointed out the dashcam which proved I had not, the car at the side of the road was stationary and I did not cross over the line. His response was that these are illegal. I told him the purpose was to keep people like him in line. I suggested we go to the SAPS and ask them. He walked off so I drove away

 

[RonSwanson]

If that's the only evidence they have then any good lawyer will rip that to shreds.

Probable cause is all that is needed for direct arrest.

And that is what the courts are for, to prudently and carefully determine what exactly took place.