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The car is registered in the name of my wife. The car is…

The car is registered...

The car is registered in the name of my wife. The car is registered in the name of my wife. I was the driver.

Lawyer's Assistant: What state is this in? And how old is the car?

The car is registered in the name of my wife. I was the driver. The speed recorded on camera was 144kmph in a rural area with a speed limit of 100kmph. The date of was approximatley 12 September 2017. The date of issue eas 2 October 2017. The notice is "No admission of Guilt"The magistrates court is Waterval Boven. The notice arrived in ordinary post and was not registered. The notice states a summons in terms of Section 54 of the Criminal Procedures Act 51 of 1977 will be issued. To date no summons has been received. What is your recommendation?

Lawyer's Assistant: Do you need to appear in court?

As mentioned the notice arrived in ordinary post and that a summons would be issued. No there is no notification of court date. There is a request to contact the traffic department telephonically.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A common sense question is "seeing the notice arrived in ordinary post and was not registered how would one be able to respond on the assumption the notice never arrived at all?

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Answered in 36 minutes by:
12/4/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many followup questions as you like until you are satisfied that I have answered your question.

If the notice arrived in ordinary mail, there is no way that the state will be able to prove that you ever received it and therefore, they cannot take any steps against your wife for not appearing in court.

If they decide to proceed with this matter, they will have to instruct a court messenger to deliver the summons to her personally or to send it via registered post. Until such time, there is nothing that the state can do to prove that she received anything, if she chooses not to appear in court.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

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Customer reply replied 7 months ago
My next question is as follows; 1. Can a summons be issued without the receipt of a "Notice of speed infringement" 2. Does one wait for the summons or does one become proactive and contact the court / traffic department? 3. Is there a certain period of time within which a summons has to be delivered given that we are dealing with a "Notice of speed infringement" and that there is no admission of guilt. The date of issue was 2 October 2017 and the infringement date was upon or about 12 September 2017

1. Yes;

2. Wait for the summons;

3. Summons has to be issued within a year.

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Customer reply replied 7 months ago
1. Should the summons arrive it will be served on my wife however I was the driver. In that case she would have to give an affidavit stating that she was not driving the vehicle at the time? 2. I would then have to appear in court and request of the court an opportunity to pay a fine and not be prosecuted under the act and not receive a criminal record with a suspended sentence and or a suspension of the drivers licence? I assume one could discuss the matter with the prosecutor as one would not want to waste the court's time. 3. Other arguments could be raised in defense e.g.calibration of speed machine, user competence certificates etc

1. Yes;

2. You will only appear in court if and when summoned. Your wife can at any time send a letter to the traffic department with your details and inform them that you were the driver;

3. Any possible defense can be raised during a trial.

Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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