Traffic Notice Advice - Exceeding the speed limit

[SalientAnimal]

Hi All,

I need some advice on a traffic notice I have received for exceeding the speed limit between Kimberly and Hope Town in April 2015. This notice arrived in the mail yesterday and has no dates / fine amount on it. It is issued to me as NAG ("No Admission of Guilt").

This is my first offence of this kind, and in the 12 years that I have been driving I have received no more than 10 speeding fines, all for offences of 10km/h - 20km/h over the speed limit.

The notice I received states that I was doing 101km/h in a 60km/h zone.

Please could someone let me know what I can / should expect next. And what should I do to get the best possible outcome from this? I do not see how I could have been driving at the speed stipulated as I was diving on cruise control, as well as was entering into one of these little towns. If I remember the incident correctly I was already busy slowing down as I was entering the town.

Any advice / assistance will be greatly appreciated.
Thanks.

 

[deweyzeph]

Hi All,

I need some advice on a traffic notice I have received for exceeding the speed limit between Kimberly and Hope Town in April 2015. This notice arrived in the mail yesterday and has no dates / fine amount on it. It is issued to me as NAG ("No Admission of Guilt").

This is my first offence of this kind, and in the 12 years that I have been driving I have received no more than 10 speeding fines, all for offences of 10km/h - 20km/h over the speed limit.

The notice I received states that I was doing 101km/h in a 60km/h zone.

Please could someone let me know what I can / should expect next. And what should I do to get the best possible outcome from this? I do not see how I could have been driving at the speed stipulated as I was diving on cruise control, as well as was entering into one of these little towns. If I remember the incident correctly I was already busy slowing down as I was entering the town.

Any advice / assistance will be greatly appreciated.
Thanks.

These fines are issued when you allegedly exceed the stated speed limit by 40km/h in a rural area or 30km/h in an urban area. There is no option of a fine, and you can expect to a receive a summons to appear in court in the next month or two.

When you go to court you should ask to see the evidence against you, namely:

1) A copy of the photograph of your car showing the alleged speed limit you were travelling at
2) The calibration certificate of the device used to measure your speed
3) The competency certificate of the person operating the device
4) The letter of authorisation from the directorate of public prosecutions authorising the operation of a speed trap at the time and place when you were allegedly caught speeding.

Whatever you do, no not admit any guilt! You are innocent until proven guilty and the burden of proof is on the state to prove that you are guilty of this offence beyong a reasonable doubt. This is not a civil matter, this is a criminal matter, so the stakes are high. If you can afford it get a lawyer.

 

[SalientAnimal]

Thanks deweyzeph,

Do you by any chance know what the cost of a lawyer would be? Because I would not want to take the chance of defending myself and messing it up.

I think one of my other question would be, how can they charge me if they can not confirm that I was in fact the offending driver?

What are the consequences of found guilty? Especially for being a "first time offender"?

 

[roddyp]

This happened to me as well. I phoned the municipality and asked for leniency. Had to write them a letter and then made a few calls to the local prosecutor.

They were pretty decent about it and we settled on a fine instead of a summons. (otherwise i would have to have driven about 500kms to attend court)

Might be an option?

 

[SalientAnimal]

This happened to me as well. I phoned the municipality and asked for leniency. Had to write them a letter and then made a few calls to the local prosecutor.

They were pretty decent about it and we settled on a fine instead of a summons. (otherwise i would have to have driven about 500kms to attend court)

Might be an option?

Had you already received the summons to court? Or did you contact them as soon as you received the first notice?

 

[gfmalan]

Hi All,

I need some advice on a traffic notice I have received for exceeding the speed limit between Kimberly and Hope Town in April 2015. This notice arrived in the mail yesterday and has no dates / fine amount on it. It is issued to me as NAG ("No Admission of Guilt").

This is my first offence of this kind, and in the 12 years that I have been driving I have received no more than 10 speeding fines, all for offences of 10km/h - 20km/h over the speed limit.

The notice I received states that I was doing 101km/h in a 60km/h zone.

Please could someone let me know what I can / should expect next. And what should I do to get the best possible outcome from this? I do not see how I could have been driving at the speed stipulated as I was diving on cruise control, as well as was entering into one of these little towns. If I remember the incident correctly I was already busy slowing down as I was entering the town.

Any advice / assistance will be greatly appreciated.
Thanks.

What is the chance there were stop and go's?
They ussually 60km/h and it's very easy to "keep up with the other" at that speed.

I had similair outside Laingsburg in 2008, luckily I gave up my po box for enatis, and they couldn't find me.

After 2 year of them not getting you, you are a free man!

 

[roddyp]

Soon as i got the notice. Did not want to get the summons!

 

[SalientAnimal]

What did you say to them when you called?

I'm wanting to way up my options, as I do have a few lawyer friends, but not for these types of cases. And might call on their help if need be.

 

[saturnz]

the minimum you are going to pay will be around R1000 if you know someone who knows someone, these fines rarely get squashed entirely

if you end up in court the judge will impose a minimum fine of R5000

or atleast this is my experience in Cape Town