5. What to Do When You Get a Fine
You could be stopped on the road and given a speeding ticket tomorrow.
Remember, a speeding ticket given to you on the road by an officer is a
summons. Here are a number of things you should be aware of to win your
fight against indiscriminate traffic bookings:
5.1 When you’re stopped on the road
Please take note that only a law enforcement officer can issue you with a
speeding ticket. Having said that, there are some important flaws in the system
that you can exploit to your advantage. Did you know that, for your summons
to be valid, a law enforcement officer has to be in full uniform and display
identification before issuing you with a traffic ticket or summons?
When you’re stopped on the road, check if the officer adheres to the
following:
•
He is in full uniform
•
He wears his cap
•
He shows proof of his identity and rank
The officer must have a Certificate of Competency before he can stop your
vehicle for speeding. This is critical. The officer must also have a certificate to
prove that he is a peace officer appointed by the municipality where your
offence was allegedly committed.
If any of these documents are not available at the time you asked for them,
then the officer cannot issue you with a fine!
Any equipment that is used for tracking your speed must produce evidence of
it at the time you are booked. If the officer can’t produce corroborating
evidence at the time you’re booked for speeding, or can’t provide a certificate
of competency, then your speeding ticket is not admissible in court.
The most important criteria for you to note are centered on technicalities.
These are:
•
Certificates of Competency
•
Readings of your vehicle breaking the law
•
Testing records done on-site for the speed trap equipment
•
Speed trap installation
Take a look at Appendix 1. There are guidelines for speed traps that must be
followed by the authorities. You must check these as they are what will let you
win your case! If the authorities do not follow any of them, you can’t be
charged.
Be aware that different types of traps have different technicalities involved. Be
familiar with them so you know which are the ones to check depending on the
speed trap used to snare you.
Demand to see the Operator’s Certificate and the Calibration Certificate. The
Operator’s Certificate proves that the officer who manned the speed
measurement equipment (SME) at the time of your alleged offence has
specific training on that particular equipment. The make and model of the SME
must be stated on the Certificate and must match the SME used to trap you. If
it is not an original, then it must be a Certified True Copy of the same.
5.2 When you get a ticket in the post
To be valid, notice of traffic offences by post must reach you within 30 days
of the offence. This is not a summons and you don’t have to pay a fine based
on it.
Check the image next for any irregularities using the checklist provided, if you
pick up any irregularities go to the
www.aarto.co.za website and make
representation immediately describing politely the errors found in the ticket
and asking that it be cancelled.
If there are no irregularities in the ticket you can still make representation, if it
is not accepted, you then elect to appear in court for the fine, then use the
“How to win in court” guide, this will give you a very good of chance of
winning the case and at the very least delay payment of the fine by over a year
in most cases!
With regard to summons, they must be handed to you in your residential
address and you must sign it in person. The person serving the summons must
be an appointed Officer or Sheriff of the Court. Examine identification prior to
accepting the summons. Remember that a summons cannot be served on you
for not paying the fine, only for not appearing in court so if you stopped at a
roadblock for outstanding fines nothing can be done to you, only if there is a
warrant of arrest for you.
If a summons does come and you are not satisfied with the identification
offered by the officer, then do NOT sign for the summons. If you do not sign
for it, then the summons has not been served to you and you cannot be
charged.
You are well within your rights as you have the following legal statute to back
you up:
Section 334(2) A of the Criminal Procedure Act 51 of 1977 (as amended)
states:
“No person who is a peace officer by virtue of a notice issued under
subsection (1) shall exercise any power conferred upon him under that sub-
section unless he is at the time of exercising such power in possession of a
certificate of appointment issued by his employer, which certificate shall be
produced on demand.
(b) A power exercised contrary to the provisions of paragraph (a) shall have
no legal force or effect.
If you are threatened with legal action for refusing to accept the summons
under these circumstances, then you should immediately inform the prosecutor
or write a registered letter requesting for ‘proof of service’ by an officer
appointed by the court. Since this cannot be done, you have not legally been
served with a summons.
When you have received a legally delivered summons, you will note that the
summons will have options to:
i.
pay the fine on the prescribed date; OR
ii.
appear in court to defend yourself against the charge
Your summons is valid for 18 – 24 months from the date it was issued, not
served, on you. However, a summons could take up to 1 year to reach you.
Remember:
•
A summons cannot be posted to you or left in your letterbox
•
A summons cannot be issued in your office or given to your neighbour to
pass to you
•
It must be served on you in your residential address
•
If you are away, the summons can be served on someone aged 16 and above
who lives at or is employed at your residence
6. Summonses and Speeding Tickets in the Mail
6.1 Summons to appear in Court
Remember that to fight and win your case, you have to base your case on the
technicalities:
•
Testing records – scope alignment test of the laser equipment – if the testing
records are unavailable, then you win your case
•
Anomalies between operator’s manual on the laser equipment – any
differences between what is said in the manual and the actual operation of the
speed trap equipment means you win your case
•
Speed trap installation – if there is any doubt on the installation of the speed
trap, you will win your case. Look at Appendix 1 again.
•
Certificates of Competency – if the two required certificates, Operators
Certificate and Calibration Certificate, must be available during your court
case or at the time you were booked, then you will win your case
•
Speed readings of your vehicle – if the speed trap equipment cannot give out
an accurate reading of vehicle speed at the time the offence was committed,
you will win your case.
6.2 Importance of Summons
If you ignore the court date in your summons, a warrant of arrest will be
issued for you, as you will be held in contempt of court. You’ll be fined R300.
You can only be arrested for a traffic fine where you failed to appear in
court on a summons.
When you get notice of the warrant in the mail, contact the Court Clerk named
to inform him/her that you are unaware of any summons:
You must now do ALL of the following:
•
Ask for ‘proof of service’ that the summons was legally served on you
•
Request for a new court date
•
Ask for the warrant to be withdrawn
•
Jot down the name and contact details of the person whom you spoke to
•
Write a letter to the person to confirm the conversation
•
Get a photo image of your offence
The last step is very important. You MUST have the photo image of your
vehicle if you want to successfully defend yourself in court.
6.3 Speeding tickets issued to you in the mail
When you receive a speeding ticket, remember the following important points:
•
If you’re not stopped and informed of the commission of the offence
immediately, then you must receive a “Section 341 Notice of Intention to
Prosecute” within 30 days of offence by ordinary post, and the date of notice
is within 30 days of the date of the offence
•
You have a choice of either paying the fine which is stated in the notice or you
can appear in court
If you have received the notice after 30 days, then phone the prosecutor who
deals with traffic offences in the district to withdraw the charge
unconditionally on grounds of unreasonable delay in informing you of the
charge.
Make sure you get the withdrawal in writing.
If you’re unsuccessful, go to the District Court with the envelope and the
notice. Ask the Magistrate to throw out the case, or else you will contest it in
court
You are assumed to be the person who drove the car – you are the ‘accused’ –
unless you can prove that you didn’t drive the car at the time the offence was
committed.
If you wish to prove this make sure you have evidence, appointment bookings,
receipts, tickets and anything that will prove you were not the driver.
Remember that you cannot be compelled to disclose who the driver was; it is
your right not to do so.
7. How to Win Your Case in Court – Preparation Success
When you have to appear in court on the date stipulated bear in mind that a
successful defense depends on having the necessary information and being
prepared.
7.1 Obtaining the necessary information
You must use the material in Appendix 1 to strongly back up your case. You
are using technicalities to fight and win your case.
You must determine what speed trap equipment has been used to trap your
vehicle. Then refer to the relevant information in Appendix 1 for that
particular equipment. If you find that even ONE of the stipulations has not
been satisfied, then you will win your case on a technicality!
You must take special note of the scope alignment test. This must be
correctly done and recorded every hour in a register of tests.
•
If this register is unavailable in court when you ask for it, then your case can
be thrown out!
You should also have photographic evidence of any obstructions to your view
of the speed limit. This is important to prove to the judge that you could not
see the speed limit sign and therefore you didn’t know that you had broken the
law.
Make sure you visit the place where you are alleged to have broken the speed
limit as soon as you receive your fine or summons. Take as many photos of
the area as you need. Select the most suitable ones for the judge to see as
evidence of your innocence.
If you did not drive the car at the time the offence was committed, then bring
proof of this to court e.g.: receipts that have your name on it around the time
of the alleged offence. Otherwise you’ll be regarded as the ‘accused’.
7.2 Preparing Yourself for Court Trial
You are not in court to prove your innocence. It is the traffic court prosecutor
who must prove your guilt. You only need to raise an inkling of ‘reasonable
doubt’ in the arguments of the prosecutor in order for your charge to be
withdrawn.
Have confidence! Usually when the court prosecutor realises that you intend
to fight it our in court, he’ll reduce your fine, or even withdraw the charge!
You can only be prosecuted if Appendix 1 was followed!
7.2.1 General Guidelines for Prosecution
Take note of the following broad rules that relate to traffic offences taken from
Part 29 of Guidelines Issued by the Technical Committee for Standards
and Procedures for Traffic Control:
i.
If there are two separate readings obtained from speed trap equipment e.g.:
from sensor lines, the offender can only be charged for the lesser reading
ii.
The difference between the two speeds cannot be more than 3%, otherwise the
charge must be withdrawn
iii.
The Prosecutor must allow a margin of error of 10km/h. This means that the
lower speed reading must not be 10km/h or less than the speed limit
iv.
The offender must be allowed to inspect the trapping equipment and see the
readings displayed. If you were not allowed to do so, then this is a valid point
in your favour!
v.
Notice of the commission of a speeding offence must be brought to your
attention no later than 30 calendar days after the date. If you receive this
notice more than 30 days later, your case can be withdrawn!
vi.
There must be clear notice of the use of speed cameras. If you did not see one,
take a photo of the area to prove your point in court
vii.
If traffic officers fail to attend court on the first day in court without valid
excuse e.g.: illness, the case will be withdrawn. This is a direction of the
Director of Public Prosecutions
7.2.2 Documents required of the Speed Trap Operator
The officer who manned the speed trap MUST show evidence of the
following:
•
Attendance at a general course on speed measurement
•
Is in possession of an Operator’s Certificate for the specific type of speed
measuring equipment (SME). Refer to Appendix 1 for the different types of
speed measuring equipment. The course is specific for the particular make and
model of the SME.
Demand proof from the traffic authority that a general course was attended by
the officer in question. Check also the Operator’s Certificate. It must match
EXACTLY the make, model and type of SME used. If not, your case can be
withdrawn! Be certain that it is the certificate that belongs to the operator and
not someone else.
Calibration Certificates of the SME must be available at the site and produced
for your inspection on demand by the operator. This is your right! The
certificate must actually relate to the specific SME – if not, your case can be
withdrawn.
Additionally, when trapping with cameras, a municipality must have
permission from the Department of Public Prosecutions to set up camera traps
and stop vehicles to fine the drivers for speeding.
You must ask for these documents in court!
8. How to Win Your Case in Court – Trial Success
You can win your case in court when it comes for trial provided you adhere to
some fundamental rules that will guarantee your success.
8.1 Prosecutor’s questioning
You will be asked to state your plea once the charge has been read out.
Always plead “Not guilty”.
The Prosecutor will question you sharply and try to implicate you in many
ways. Do NOT be intimidated. Here is what you should do:
•
Exercise your right to remain silent.
•
Make notes during the Prosecution’s presentation
•
Do NOT say anything.
•
Do NOT admit to anything.
•
Do NOT object to anything that the prosecutor says
•
Do NOT raise any questions when the traffic officer who trapped you is
being questioned by the Prosecutor and giving his testimony
•
Do NOT give any clues of your intentions whilst the Prosecution is
presenting its case
•
Do NOT let the court know you are familiar with court procedures
•
Above all else DO NOT bring any witnesses to court with you! They’ll
accidentally say something that might incriminate you or harm your case.
•
Always act dumb
8.2 Prosecutor’s Case
As the Prosecution presents its case you must:
•
Let the Prosecution present all its evidence
•
Do NOT respond to any evidence presented
•
Let the Prosecution present all its evidence
•
Let the Prosecution close its case
8.3 Benefits of Silence
You have several benefits accruing if you remain silent right until the
Prosecution closes its case:
•
The Prosecution CANNOT introduce new evidence
•
The Prosecution CANNOT call more witnesses
8.4 Making Your Defense
When the Magistrate asks if you have legal representation, state that you will
conduct your own defense.
Go to the witness box – you are now a “witness in your own defense”
When you are called to make your defense, request for further particulars to
the charge under Section 87 of the Criminal Procedure Act
This is important! The officer who issued the ticket has to be present in
court on the first day of the trial; otherwise the case can be dismissed.
The very first thing you must then do is ask for the
presence of the said
officer. If the officer is absent on leave, your case can
be withdrawn. If the
officer is absent due to illness, request proof of the
same and ask for a
postponement of your case. If the officer is unavailable
for any other reason,
you case can be withdrawn.
When you are in the witness box conducting your own defense, you can ask
questions of the Prosecutor and cross examine and rebut the testimony of the
traffic officer who trapped you.
Do the following to introduce technicalities to defend you case in the
witness box:
•
Ask if you were trapped by an unmanned speed trap. If yes, you CANNOT
be tried!
•
If you were not the driver of the vehicle at the time of the offence, show
evidence of this
•
You cannot be pressured to name the driver if the photo image of your traffic
offence is unclear
•
Show the photo of you obtained of your traffic offence – point out the
irregularities
•
Ask for the traffic officer’s Training Certificates – both General and Specific
•
Ask for the Peace Officer Certificate
•
Ask for the Operator’s Certificate specific to the speed measuring equipment
(SME) used at the time you were caught speeding
•
Ask for the SME Calibration Certificate
•
Ask for the certificate from the Department of Public Prosecutions that grants
permission to the municipality to trap and fine alleged traffic speed violators
•
Ask for all the relevant documents in Appendix 1, particularly the following:
•
Testing Records – Scope alignment testing records for camera traps on the
date you were caught speeding
By challenging the foundation of the evidence and the documentation you would have
fought your case on the ground of technicalities.
When you ask for documentation that the Prosecution does not have at hand on trial,
then the Prosecution does not have a case against you since they cannot furnish the
documents requested and cannot introduce new evidence after their case is closed
If any of the documents cannot be produced, then the Prosecution cannot prove their
case against you beyond reasonable doubt!!
9. ‘How To’ Guide When Facing Arrest
9.1 Road Block Arrests
Fines can be:
•
A monetary penalty you pay at the Traffic Department to avoid receiving a
summons
•
Written on a speeding ticket and handed to you at the time the offence was
committed
•
Summons admitting your guilt and paying the fine imposed by court if
convicted
Have you ever been stopped at a road block and arrested for outstanding fines?
That’s right. Traffic police do NOT have the legal right to arrest you at a road
traffic block and charge you for outstanding traffic tickets UNLESS they
follow certain procedures.
Your rights are protected under the Bill of Rights in the Constitution and the
Criminal Procedure Act
•
You can only be arrested for an outstanding fine if you have FAILED to
appear in court on a summons/written notice
•
Request a copy of the warrant of arrest. If this is not produced then your arrest,
and any later detention, is illegal and unlawful. The warrant can be a
telegraphic communication to a cell phone and MUST come from a
Magistrate, Peace or Justice Officer, stating a warrant of arrest is outstanding
and giving reasons for the arrest
•
You MUST be fully informed of the reason for your arrest – which cannot be
done without a warrant
•
Do NOT resist arrest
•
DO pay the fine (this would be tantamount to an admission of guilt on your
part but advisable if you do not want to be locked up in a police cell)
•
You MUST be brought to the place stated in the warrant of arrest or to a South
African Police Service (SAPS) police station promptly after the arrest
•
You CANNOT be held in a vehicle of any kind or any other place whilst the
traffic police officer continues with his work as this is wrongful arrest!
You have a right to:
•
Legal representation to evaluate the fairness of the accusations against you
•
A fair trial
•
Not be compelled to make an admission – do NOT say anything to the police
officer who arrested you!
Remember this => Keep a record of everything below:
•
Place where you were arrested
•
Procedures followed by the police
•
Places you were taken when detained
•
Time you were detained
•
Length of detention
•
Names of officers
You can claim civil damages if:
•
The warrant copy was not produced at time of arrest or a reasonable time
thereafter but NOT anywhere in the police station, traffic office or at court
•
You were not taken soon after arrest to a police station
9.2 Wrongful Arrest
File a civil claim against the state if you believe you’ve been wrongfully
arrested.
When you have been released from arrest, request the following:
•
A copy of the summons – you can also obtain one from the Clerk of the
Criminal Court
•
‘Proof of Service’
•
Court authorization of the warrant of your arrest for failing to appear in court
on summons
Always consult a lawyer in cases of wrongful arrest!
10. Guide on Legal Rights
You cannot be arrested at any time whether at night or on weekends at a road block
and detained for petty offences, like outstanding fines, without bringing you to court,
where the object of the arrest was to intimidate you, especially into paying the fine.
You have a right to demand the following:
•
A copy of the warrant of arrest at the time of arrest. Failure on the part of
the traffic police to produce this on demand constitutes an unlawful arrest and
detention
•
A copy of the written authorization for your arrest, whether by telegraphic
or other means, which clearly states there is an outstanding warrant for your
arrest and giving providing the reasons. Failure to provide this constitutes
illegal arrest and/or detention
You MUST be informed of the following at time of arrest:
•
Full reasons for arrest
•
Constitutional rights when arrested/detained
Once arrested, you cannot be detained anywhere (e.g.: vehicle, van, bus etc) that
is not stipulated in the warrant or which is not a police station. You cannot be
taken to traffic office, an ATM or a traffic court to induce you to pay the fine.
You must check the legality of the procedures on serving the summons and
issuing the warrant:
It is unlawful to arrest you merely to intimidate you. You cannot be arrested
without a warrant of arrest available at the time of arrest. You can only be
arrested in relation to a traffic offence/fine if you failed to appear in court on the
date stipulated on your summons. This summons must have been served on you
with due legal process. If it cannot be proved that you were legally served with a
summons, then your arrest anywhere, especially at a road block, is illegal and
unlawful.
** Please obtain the services of a legal representative – use Legal Aid, if necessary!
**
11. The New System of Demerit Points
This system was introduced by the AARTO or The Administrative
Adjudication of Road Traffic Offences Act, No 46 of 1998. The national roll-
out of the Demerit Points System commenced in February 2009.
11.1 How does it work?
A traffic offence is committed when you infringe the National Road Traffic
Act, No.3 of 1996.
You start with 0 points and you’re only allowed to accumulate a maximum of
12 points through traffic violations before you’re penalised. For every 1 point
above 12, your licence will be suspended for 3 months. If you don’t commit
any more offences within 3 months, one point is deducted from your total.
After three suspensions, your licence is cancelled, much like the ‘Three
Strikes You’re Out!’ baseball rule in US.
