We received a Notice of Intention to Pro...

Asked by munroam on 22-03-2021 16:05:55
Question posted in the General Law category relating to Western Cape

We received a Notice of Intention to Prosecute from the Laingsburg Magisterial District.  Our son was leaving Laingsburg and was not aware that he was still in an urban area.  Apparently he was travelling at 91 km per hour in a 60 km per hour zone.  Online research we have done seems to indicate that travelling at 31km over the speed limit in an urban area incurs a R1250 admission of guilt fine and 4 demerits, however the notice indicates that he would have to appear in court.  Is it correct that travelling at 91 km in a 60 km per hour zone incurs a fine and demerits as per the online research or would he have to appear in court?

Answer to the Question

Posted by Att. Patrick on 22-03-2021 23:37:33

Hi there and thank you for your question, 

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

Unfortunately, the notice that your son received is most certainly a NAG (no admission of guilt fine) notice, which means that he MUST appear in court and a magistrate will set the fine. Your son will however need to plead guilty if he wants to pay the fine, but the quantum of the fine will be set by the magistrate. 

I don't know what you are reading, but if you are caught more than 90 in a 60 zone, it is a NAG notice, and not a R1250 admission of guilt fine and 4 demerits. The demerit system has not been introduced in the Western Cape province... yet. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted to be answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Information provided by client

Thank you - that was helpful.

A query, however, about your saying he must plead guilty to pay a fine. Do you mean that if he pleads "not guilty" and he is found guilty, he could get a sentence other than a fine (e.g. jail)?

We have a few more questions about our son's speeding issue, but we need to know first how you bill us.

Answer to the Question

Posted by Att. Patrick on 30-03-2021 00:02:10

Yes, but if he is found guilty then the magistrate will move on to sentencing, and at that point in time, your son can explain to the court what sentence should be imposed. e.g. a fine. 

If you need clarity on the above, please ask here. 

If you want to ask a new line of questions about the speeding, then you can post a new question.

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