Traffic Fines - Court Procedure advice

[Moklet Kcuf]

Hi Folks, Recently I received an unfair Traffic Offense that I intend to dispute in Court.

Although I have no experience in doing so, I want to represent myself. Firstly because I feel my argument can be simply explained and secondly, I dont want to spend more on legal fees than the actual fine of R1500.

I am due to appear in Court next month to plead. Then I assume another court attendance date will be set.

Naturally I'd like to be confident of success, by being aware of appropriate procedures and of any potential pitfalls.

If any of you would like to share relevant advice or accounts of your own experiences, it would be really appreciated.

Cheers

 

[sly]

had a driving and talking cellphone offence and appeared with an invoice of a parrot bluetooth kit, pleaded guilty and the case was struck off the roll... The magistrate laughed..

 

[ToxicBunny]

What was the R1500 fine for?

 

[OnePostWonder]

Greed Fines

Email them, a very helpful bunch of people

 

[supersunbird]

You can probably just go to the prosecuters office and explain and he will scrap it if its really unfair...

 

[Moklet Kcuf]

What was the R1500 fine for?

Passing a slow car and cutting in, slightly touching a non-overtaking line as I headed onward to an exit ramp.

Under the circumstances, it was the safest option, because the slow car was being tail-gated by half a dozen vehicles.

It was the new unmarked car Ghost Squad in CT. Being that they have issued over 1000 tickets in their 1st 2 weeks of operation, I feel kind of like a Quota statistic.

 

[Moklet Kcuf]

You can probably just go to the prosecuters office and explain and he will scrap it if its really unfair...

That's an idea, I'm guesing I can do this before the court date?

 

[supersunbird]

That's an idea, I'm guesing I can do this before the court date?

Yep

 

[ToxicBunny]

Do they have "evidence" of you doing said things, and why did you pull over for an unmarked vehicle btw?

 

[Quest10n]

Passing a slow car and cutting in, slightly touching a non-overtaking line as I headed onward to an exit ramp.

Under the circumstances, it was the safest option, because the slow car was being tail-gated by half a dozen vehicles.

It was the new unmarked car Ghost Squad in CT. Being that they have issued over 1000 tickets in their 1st 2 weeks of operation, I feel kind of like a Quota statistic.

The Ghost Squad is this LEGAL? What does the law say about this new development? It's totally unfair to receive a fine like that even if it’s my fault. Surely visible policing will help as some guys usually drive slowly in a fast lane and then that is when all the crap happens when you have to overtake them you must go faster.

 

[Moklet Kcuf]

Do they have "evidence" of you doing said things

They only have their word

and why did you pull over for an unmarked vehicle btw?

They had a Siren blaring, Blue Lights flashing and yelled at me from a loudspeaker. They also wore the full regalia (guns, jacket, cap, etc).

Being that it was also a white Golf GTI, I figured they weren't chancers.

google "ghost squad" "cape town" , they're for real.

 

[Moklet Kcuf]

The Ghost Squad is this LEGAL? What does the law say about this new development? It's totally unfair to receive a fine like that even if it’s my fault. Surely visible policing will help as some guys usually drive slowly in a fast lane and then that is when all the crap happens when you have to overtake them you must go faster.

Yeah, it is sneaky, but that's not what I care about. It's their unfairness that bugs me.

 

[ToxicBunny]

If the car is not marked you are NOT required to pull over, white golf GTI or not.....

As for them only having their own word, well if you "accepted" it then you're SOL, if you didn't well then you're innocent until they can prove otherwise.

 

[SirFooK'nG]

If the cops are as useless as the Durbs ones, you could be in for a lot of frustrating waiting. My pregnant wife and I sat and waited 3 times (the cop never pitched up), on the 4th they just threw it out. Only thing we ever said in courts (like a small dirty school room) was not guilty...

 

[Budza]

If the cops are as useless as the Durbs ones, you could be in for a lot of frustrating waiting. My pregnant wife and I sat and waited 3 times (the cop never pitched up), on the 4th they just threw it out. Only thing we ever said in courts (like a small dirty school room) was not guilty...

So you need to waste your time three times before they throw it out? I thought if the okes misses the date without a sick note (??) it gets struck from the roll>

 

[SirFooK'nG]

Its a joke, all the guys who say guilty, ask for leniancy and get their fines practically halved... and the taxi drivers had fines totalling over 30K!!!

To top it off the magistrate who was on traffic offences was useless, even his court assistants had to ask him to repeat himself over and over .... was a fat, mumbling, half asleep idiot. Oh ja and the court always started at least an hour and a half late!

 

[Moklet Kcuf]

If the car is not marked you are NOT required to pull over, white golf GTI or not.....

Easier said than done, they were pretty persistant, I wasn't exactly going to drive the 10k's to my destination with them going psycho on my ass.

As for them only having their own word, well if you "accepted" it then you're SOL, if you didn't well then you're innocent until they can prove otherwise.

I refused to sign.

 

[Gnome]

You can try but I doubt you'll get anywhere, if you decide to challenge them and you are found guilty you will have a criminal record and may face jail time or else a very large fine. I've been there before and this is what the judge told me, he said the fine may be up to R 25 000 or something like that.

Also I would rather have pulled over myself, they still have a new car so they might not drive into you but if they do it's not going to be a pleasant experience. Also some of these cops are so arrogant they start firing on you (even though they may not).

I wasn't there so I won't make any assumptions but people who usually cut the cue IMHO deserve what they get.

 

[Moklet Kcuf]

if you decide to challenge them and you are found guilty you will have a criminal record

Getting a 'mug shot' for passing in front of a slow geriatric?

I certainly would hope not. It's not exactly ploughing down pedestrians.

 

[Gnome]

Getting a 'mug shot' for passing in front of a slow geriatric?

I certainly would hope not. It's not exactly ploughing down pedestrians.

Well best check before the hearing, that is what I was told by the judge when I was trying to challenge a R500 speeding fine. Not sure if he was lying to get me to just give up, also it was around 4-5 years ago.