Traffic fine - non-admission of guilt - no summons? Any lawyers around?

chromedome

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If you pay an admission of guilt on a non-AARTO fine or are found guilty by a magistrate for a traffic offence, you get a criminal record.

That makes life very difficult when you apply for a visa to almost any country and many, including the EU, USA and Australia, will most likely refuse you a visa.

Be very careful before you decide to get rid of the problem by paying an admission of guilt fine or before you plead guilty.
I had a speeding fine I forgot about, one day the cops rocked up at my flat and took me straight to court, I pleaded guilty, paid the fine and contempt of court and I don't have a criminal record this was in the 90's.
 

BT77

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Hi Guys, I checked paycity now and I have a NAG fine that says "go to court". This was dated May 2017 and only appeared on the website now. To date I have not received a section 341 notice or a summons. What do I do?
I have a similar issue, Dillon. Stupidly I tried to pay through Fines SA (it was a whopper) but that might mean I only made it worse by reacting rather than waiting for the summons. Unless someone knows something I don't?
 

BT77

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If you pay an admission of guilt on a non-AARTO fine or are found guilty by a magistrate for a traffic offence, you get a criminal record.

That makes life very difficult when you apply for a visa to almost any country and many, including the EU, USA and Australia, will most likely refuse you a visa.

Be very careful before you decide to get rid of the problem by paying an admission of guilt fine or before you plead guilty.
This does not make me feel comfortable about trying to "pay it away". Anyone have any idea of the consequences?
 

Aghori

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This does not make me feel comfortable about trying to "pay it away". Anyone have any idea of the consequences?

Best to speak to an attorney if you're unsure - they can clear criminal records for a fee.
 

dillonnaidoo

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Hi Guys, I checked paycity now and I have a NAG fine that says "go to court". This was dated May 2017 and only appeared on the website now. To date I have not received a section 341 notice or a summons. What

I have a similar issue, Dillon. Stupidly I tried to pay through Fines SA (it was a whopper) but that might mean I only made it worse by reacting rather than waiting for the summons. Unless someone knows something I don't?
Speak to Project Justice SA. They were extremely helpful.
 

Salmank

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Hi Guys, I checked paycity now and I have a NAG fine that says "go to court". This was dated May 2017 and only appeared on the website now. To date I have not received a section 341 notice or a summons. What do I do?
Rule of the thumb:

If you are able to renew your car license disk, dont stress. If they needed you in court, you whould have not been able to renew your car license.
 

BT77

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Hey guys, thanks for the comments.

I've spoken to an attorney - his recommendation was to wait for the summons, particularly as I've renewed my drivers and two car licenses and even got a police clearance certificate for work earlier this year.

It took some digging, but there are cases where fines older than 18 months were all thrown out (something about the right to a fair and speedy trial not being adhered to). Obviously, don't try and dodge the case if you have one, but if you legitimately have no summons and you can renew licenses you should be okay.

Now I'm struggling to get Fines SA to stop their process and get some sort of refund...
 

Henk777

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If it was handed to her in person, it'll have a court date on it. (had one of these, forgot about it - and they issued a warrant)

If not - she has to receive a summons - if she hasn't - then they can't really do anything. (wife had one of these, it went away)
How did you get the warrent removed because i found one today with a court date on it and paid it but i missed the court date, how did you sort it out? Will i get arrested when i go to court now and try to sort it out?
 

xrapidx

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How did you get the warrent removed because i found one today with a court date on it and paid it but i missed the court date, how did you sort it out? Will i get arrested when i go to court now and try to sort it out?
Phone the issuing municipality - they'll probably give you a settlement amount, and you can EFT it over.
 

xrapidx

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What about the Contemp of court for not going to court?
I phoned, apologized, explained a bit - and asked what I needed to do, the woman I spoke to gave me an amount, reference number, and told me to pay it into the bank account on the fine, that was the last I heard of it, and when I checked again, the warrant was gone.

I think they deal with too much crap, so if someone is willing to settle, they'll usually do it... I suppose it could also depend on what the initial fine was for, and how the day is going for the person you speak to.
 

Henk777

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What about the Contemp of court for not going to court?

I phoned, apologized, explained a bit - and asked what I needed to do, the woman I spoke to gave me an amount, reference number, and told me to pay it into the bank account on the fine, that was the last I heard of it, and when I checked again, the warrant was gone.

I think they deal with too much crap, so if someone is willing to settle, they'll usually do it... I suppose it could also depend on what the initial fine was for, and how the day is going for the person you speak to.
Where can i get the number to phone, or would you advise me just going to court? How can i check if i have a warent ?
 

xrapidx

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Where can i get the number to phone, or would you advise me just going to court? How can i check if i have a warent ?
Isn't there a number on the fine? If not, it should have the district, google it to get the number.

You usually have to deal with the area it was issued in.
 

Henk777

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Isn't there a number on the fine? If not, it should have the district, google it to get the number.

You usually have to deal with the area it was issued in.
The fine has a number on it but when i called they told me to phone rtmi or a place like that, so i was just thinking on going to the clerk of the court tomorrow and sort it out ASAP, i am just afraid they will arrest me, but the fine was for driving a car with an expired vehicle license for R700
 

xrapidx

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The fine has a number on it but when i called they told me to phone rtmi or a place like that, so i was just thinking on going to the clerk of the court tomorrow and sort it out ASAP, i am just afraid they will arrest me, but the fine was for driving a car with an expired vehicle license for R700
I doubt you'll be arrested - unless someone is having a bad day.
 

wyn1973

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Jul 30, 2021
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Just an update for those who were so kind to offer advice.

We called the court and were advised to come in. Went there, were told to get an affidavit explaining why my wife should retain her license and come back the following week.
Went back the following week, judge was quite reasonable. Didn't need affadavit. Had to plead guilty.
Asked how much cash we had - matched the fine amount. 800 bucks.
Not too bad, all things considered.

Most importantly, license wasn't suspended for 6 months. Phew.
Good day. please advise
You don't get a criminal record for speeding, unless your speeding caused harm to another person or property and you fail to settle.
Hi there Flywheel. Are you are? I just received a Non admission of guilt notice to say a summons must be issued and a magistrate will determine the amount of the fine. Concerned about a criminal record and suspension of licence.
 

Half_Frog

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Yes, they do, after 18 months if no summons was issued.
I have fines on Paycity that is older that 18 months, no summons issues. How can I get them to remove it. Do I have to go to the traffic dept and ask them?
 

Aghori

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Good day. please advise

Hi there Flywheel. Are you are? I just received a Non admission of guilt notice to say a summons must be issued and a magistrate will determine the amount of the fine. Concerned about a criminal record and suspension of licence.

Go to the public prosecutor and have a chat - they're quite amicable and you have a very good chance of getting a reduced fine and no record.
 

lexor

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Go to the public prosecutor and have a chat - they're quite amicable and you have a very good chance of getting a reduced fine and no record.
Prosecutors are not allowed to set an admission of guilt amount if the summons state NAG ( no admission of guilt).

They can decide to withdraw the matter though.
 
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