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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1356
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Shaie, I've received a NAG traffic fine and am awaiting a

Customer Question

Customer: Hi Shaie, I've received a NAG traffic fine and am awaiting a summons for court. I'd like to know whether me pleading guilty will result in a criminal record?
JA: Thanks. Can you give me any more details about your issue?
Customer: What details do you require?
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 1 year ago.

Hi There - thanks for requesting me. Can you please confirm exactly what the charge is? Was it speeding? Have you been charged with Reckless and Negligent driving or just exceeding the speed limit by more than 30kms/hr? Please advise more detail and I will gladly assist you. Regards, Shaie

Customer: replied 1 year ago.
Hi,The document I received is notice (like a normal speeding ticket) stating that I exceeded the speed limit of 60km/h and that the fine carries no admission of guilt. A summons will follow and the fine amount will be determined by the court.
Expert:  Shaie Zindel replied 1 year ago.

OK - so its speeding - the problem is that once you have to plead guilty in Court it is usually tantamount to a criminal conviction and will be recorded against your name. Do you know how fast you were going?

Expert:  Shaie Zindel replied 1 year ago.

Have a look at this article which clarifies the matter somewhat: http://www.iol.co.za/motoring/industry-news/criminal-record-for-traffic-offenders-1.1668477

Customer: replied 1 year ago.
it says 93km/h
Expert:  Shaie Zindel replied 1 year ago.

Did you see the article link I sent you?

Customer: replied 1 year ago.
I did.It appears that this policy is being implemented in KZN and I hope not in Cape Town where the offence occurred. Is there any way to confirm whether it is being implemented in the Cape Town area? Also, what are my option to avoid a possible criminal record?
Expert:  Shaie Zindel replied 1 year ago.

Hi Again - I'm afraid this is a National issue and does not apply provincially. The only way to deal with it would be to go to the prosecutor and try negotiate a normal traffic fine as opposed to the full Admission of Guilt - Maybe just go to the prosecutors office and explain the situation nicely and see what they say - I must tell you I've done it quite a few times and if you speak nicely and respectfully ***** ***** are prepared to withdraw the charge if you're truly remorseful. I hope this has helped you? If you're satisfied with my service so please remember to rate me positively. Regards Shaie

Customer: replied 1 year ago.
Thanks Shaie. Just to confirm - I'm not very familiar with these proceedings. I'll have to wait until a summons has been issued before I can speak to a prosecutor, right?
Expert:  Shaie Zindel replied 1 year ago.

100% correct - remember they cant arrest you or anything until you've been served with a summons and even then it has to be served personally on you. Just wait for the summons - sometimes you get lucky and they never serve and as soon as you do get served you go in and speak to the Prosecutor. Fell free to call me if you need more information. Regards

Customer: replied 1 year ago.
Thanks Shaie, appreciate your assistance.