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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14862
Experience:  L.LB (UOVS)
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I was caught on traffic camera driving 91km/h in a 60kmh zone

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I was caught on traffic camera driving 91km/h in a 60kmh zone and was sent a first notice. A court date will be delivered on me. I phoned the relevant outhoroties and they told me I must attend a court hearing and will be fined and a dicision will be made on my drivers licence. Do I need to consult a lawyer to represent me? Wil my licence be withdrawn? I do not know the law regarding the above mentioned.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  traffic77777 replied 2 years ago.
I am a traffic lawyer and I will be happy to help you with this. I need to know what state is this in and how is your driving record?
Customer: replied 2 years ago.
I am from South Africa, Western Cape Province. I have a very good driving record.
Expert:  traffic77777 replied 2 years ago.
I see. I can only answer US law questions, so I will opt out of your questions (no charge to you) but if we have a South Africa law expert, he or she will take over.
Customer: replied 2 years ago.
How will I know if you have a South African expert? The web site made it clear that they can give advice for South Africans. The currency displayed was in ZAR.
Expert:  WCLawyer replied 2 years ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

You can confirm on my profile that I am a South African lawyer.

DId you receive a notice in writing yet?
Customer: replied 2 years ago.
Yes, but I had to let them know that I was the driver, seeing that the vehicle is in my wife's name. I am waiting for the next notice in my name.
Expert:  WCLawyer replied 2 years ago.
1. I will never advise anybody against legal representation. So, if you can afford it, take someone with you to court.

2. There is, obviously, nothing to do until you have received notice of the pending hearing. This cannot be done telephonically and must be served on you by a sheriff or a police officer or a traffic officer.

3. It is doubtful that you will get anything more than a hefty fine. Unless you are a serial offender of this particular offence, it is also very unlikely that your license will be revoked at this stage. These things are in the discretion of the Magistrate and the law certainly makes provision for imprisonment and revoking your license, however, this is normally only applied where someone gets hurt, or the speed is much more excessive, or this is your third or fourth offence.
Customer: replied 2 years ago.
What will legal repesentation cost me in a case like this?
Expert:  WCLawyer replied 2 years ago.
It is difficult to say. It will depend on the attorney you are using, whether you are going to plead guilty or not, when the state is ready to proceed and so forth. Your best indication of what your account is going to be is going to be your attorney. I suggest you fix his fees with him before you appoint him.
Customer: replied 2 years ago.

What procedures will they follow once I show up at court?

Expert:  WCLawyer replied 2 years ago.
You will be informed of your rights to an attorney, or a state appointed attorney, or to conduct your own defense. Once that is done, the matter will be postponed to a future date in order for you to consult with an attorney, or to prepare your defense.

Nothing important ever happens of a first appearance.
Customer: replied 2 years ago.

Will they give me the fine amount in the first appearance? If so, can I pay it to avoid a second appearance?

Expert:  WCLawyer replied 2 years ago.
You can, if you are going to admit guilt. In that instance, they will present you with a fine to be decided by the Magistrate. If you want legal representation, you should take it with you on the date.
Customer: replied 2 years ago.

Should I admit guilt? The camara cought me! If i do, do I need legal reprensentation on the first apperance?

Expert:  WCLawyer replied 2 years ago.
If you drove in excess of the speed limit and everything pertaining to the camera is in order (calibration, mounts and everything), then you probably would have no other choice than to admit guilt.

You do not need an attorney for any of it and definitely not for a first appearance, but it may be advisable to have an attorney present if you intend to see whether there is anything wrong with the camera. An attorney will be know what to look for in the documents. If you think pleading not guilty is going to be a monumental waste of time, then you can plead guilty and in that instance, an attorney can assist in saying the right things to the Magistrate to get a more beneficial sentence.

The most important pro of taking an attorney with you is that it will prevent you from saying the wrong thing. It also takes some stress out of the whole process.
Customer: replied 2 years ago.

Can you recomend an attorney? The hearing will be in Worchester.

Expert:  WCLawyer replied 2 years ago.
Unfortunately, the terms and conditions of Just Answer does not allow me to make direct referrals. A directory of attorneys can, however, be found on www.attorneys.co.za.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14862
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

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