R2500 fine for going through a roadblock.

[marine1]

Go to court on the court day and speak to the prosecutor. Explain everything to him/her and your fine will surely be scrapped. As far as i know you don't get fined for Reck and Neg, you get arrested.

yup

 

[Jet-Fighter7700]

You dont by some happy chance got a dashcam?

Did he stand in the road and clearly point at you? Sometimes very hard to figure out who hes pointing at, intending to pullover.....

 

[Gnome]

Go to court on the court day and speak to the prosecutor. Explain everything to him/her and your fine will surely be scrapped. As far as i know you don't get fined for Reck and Neg, you get arrested.

The law states that a police officer has to clearly identify himself and prove that he is a police officer. Before that is done, he is just another person.

That law is probably unenforceable, bar a huge roadblock.

I don't buy all this BS. I won't stop at a roadblock at night unless there is a cadre of police cars. Single police car, 100% F#@k no.

 

[yebocan]

How was he waiving the torch.
Up and down = slow down
Side to side = stop
Either way wait for summons and go to the court and speak to the clerk of the court or magistrate.
Or go to fines office and speak to magistrate or head honcho.

Landing an aircraft are we?

 

[AntiGanda]

Alright, thanks for this, I never knew this.

He was waving it diagonally though... Like seriously, he was holding it like a pencil and did a diagonal motion up and down rapidly. -_-'

Just speak to the prosecutor and say the idiot blinded you and you saw nothing after that.

 

[koeksGHT]

Just speak to the prosecutor and say the idiot blinded you and you saw nothing after that.

Well you are not actually sure of the identity of a random person in the road at night. Should get scrapped but get legal advice on how best to do it.

 

[Dude Crush]

I don't buy all this BS. I won't stop at a roadblock at night unless there is a cadre of police cars. Single police car, 100% F#@k no.

+1

No single cop is pulling me over at night! Bugger that fat, corrupt piece of excrement! At a visible roadblock with signs, sure. But I'm not chancing it in this country if I'm unsure.

And my car is stupid fast, so good luck catching me if u try. If it's a marked police car, I'll stop at the nearest police station.

I know it's a bit OTT, but I've seen and heard too many bad ordeals to place my well-being in the hands of a generally malignant populace.

 

[Enigma_]

+1

No single cop is pulling me over at night! Bugger that fat, corrupt piece of excrement! At a visible roadblock with signs, sure. But I'm not chancing it in this country if I'm unsure.

And my car is stupid fast, so good luck catching me if u try. If it's a marked police car, I'll stop at the nearest police station.

I know it's a bit OTT, but I've seen and heard too many bad ordeals to place my well-being in the hands of a generally malignant populace.

Yes, because driving stupidly fast won't attract other attention, and when they do stop you, you're probably in for a lot more trouble that what you bargained for originally. Proceed with driving normally until you reach a police station would probably be your best bet if you're not sure if it's a legitimate traffic/police officer. Then again, running away from the cops is also not a good move, even if it is only one cop and/or identity unproven.

 

[HavocXphere]

Had a similar situation...shot past cops at 120 and when I was fairly close he made a vague hand signal that could be meant for me or car behind.

Slowed down (300m further) and stopped...waited 3 mins for the cop to show interest...Nothing so left. So either it wasn't for me or 300m was too far to walk.

 

[FNfal]

negligent driving is a criminal offence get a lawyer .

 

[herbertk]

negligent driving is a criminal offence get a lawyer .

This as far as I know you can't just get a fine, you have to be arrested.

 

[Hitchcock]

'Negligent driving'

So I was driving on the N1, there was a roadblock on the side of the road and a traffic cop waving his torch at me, I wasn't sure if he wanted me to stop or not, but it looked like he was waving me ahead... apparently not. It was dark, I couldn't really see him so well and there was no clear indicator that I was supposed to stop.

I did slow down and looked back... Saw nothing. 1 minute later I see lights flashing and I just knew it was for me, pulled over. Showed my license, he asks me why I didn't stop - I said I didn't know I was supposed to.

Bam, R2600 fine for 'negligent driving'. I didn't even know fines could be this large.

Now, I have no qualms paying a fine, it's just the amount that bothers me, I would never intentionally skip a roadblock what the hell, I wasn't even drinking it was like 9:30 pm anyways and they didn't even want to be blow a breathalyzer, was wishing they would too... I had no reason to skip it, I even slowed down. It was honestly just a bad judgement call.
It was only one traffic cop car too, how often have we seen one traffic cop on the side of the road just standing there with a pulled over vehicle in front of him? The whole thing was just so weird/awkward feels like he wanted me to go past so he could chase me.

Either way, I can attest it in a court apparently, do I need a lawyer for that, is it expensive? Is some government lawyer gonna stomp all over me?

To be honest, here is your options and what I think will happen:

1. Make a Representation to a Prosecutor

Go to the court in the district where the fine was issued. See if they have a special traffic offence office. If not, you can approach a prosecutor assigned to deal with it. Take with you an affidavit of the events and make a representation. My opinion is that no prosecutor will make a call in regards to the circumstances. They will rather let this incident end up in court where both parties, you and the traffic officers, both give your version of events. It will then be up to the court to decide.

At most, I think the prosecutor will perhaps bring down your fine.

Remember, paying this fine will leave a reckless driving charge against your name.

2. Go to Court

If you want to contest this, do not pay the fine. If there is a court date on the fine, be there on that date. The case will then be placed on the court role for a hearing date. You will spend a few months in court, but the traffic officers will be called to testify to give their version of events and you will have the same opportunity. The court will then decide who is right and who is wrong.

If convicted, you will need to pay the fine. It may end up to be more or less, depending on the magistrate. Your license may then also be on the line and the court must make a call on the fitness of driving a vehicle. You will also end up with a criminal record.

If the court acquits you, you will walk out free, no charges, no fines.

Yes, if you do decide to go to court, you can represent yourself. But, you should rather get an attorney to represent you. Yes, it is very expensive. You will be charged for consultations, appearances in courts, etc., and this could lead to a few tens of thousands of rands.

Not much else you can do.

In earlier years, police and traffic officials had the right to give people fines for reckless / negligent driving. I do not think this has really ever been scrapped from the books. I think they still can do this in some circumstances.