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JJ My son 22, was stopped today for exceeding the speed

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Hi JJMy son 22, was...
Hi JJMy son 22, was stopped today for exceeding the speed limit. 130 km/h in an 80km/h zone. He, and about 9 other motorists were pulled off.taken to a police station the transferred to Brixton where they spent the day locked up. Bail was posted and my son was charged with reckless/negligent driving. He has to appear in court on Monday. Is this a criminal charge and what advice can you offer please
Submitted: 7 months ago.Category: South Africa Law
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Answered in 1 hour by:
12/8/2017
Lawyer: CaseLaw, Attorney replied 7 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Yes, that is a criminal charge. He is probably being charged with two things:-

First, breaking the speed limit;

Secondly, reckless and negligent driving.

The rule of thumb is that if you are caught going over 30km/h the limit (so for a limit of 60km/h, the maximum would be 90km/h) that would result in a court appearance in order for a Magistrate to set the fine, or to impose a sentence. You should be aware that your son will have two options:

First, plead not guilty and then he will need to take part in a trial where he will need to defend himself; or

Second, plead guilty and receive a fine / sentence from the Magistrate. While the Magistrate might impose a fine of R10,000, you should note that for 50km/h over the limit your son might lose his driving licence!

So, my advice is to possibly hire an attorney who could represent your son in court and lead evidence in mitigation of the sentence in the hopes that the Magistrate does NOT take your son's driving licence away.

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at Find a Law Firm in your area. You can use the left hand menu on that website to refine your search to lawyers working in your area!

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ...

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Lawyer: CaseLaw, Attorney replied 7 months ago

I see that you've NOT yet read my answer. Do you still need assistance?

If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.

Regards

CaseLaw

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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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