Hello. I recieved a section 56 notice tr...

Asked by Clive on 30-12-2021 07:37:46
Question posted in the General Law category relating to Western Cape

Hello. I recieved a section 56 notice traffic fine in Knysna. CHARGE DETAILSYou are hereby called upon in terms of Sect 56 of theCriminal Procedure Act, Act 51/1977, to appearbefore on the date of the trail. both of which arementioned herein and below, at 08h45 and to remainin attendance there.to answer to the followingcharge (s):CHARGE 1Contravention of c/o Reg. 284- Reg. 291 NRTR 2000r/w Sect. 58(1) and Sect. 89(1) NRTA 93/1996 inthat: on or about 2021/12/29 07:22 you wrongfullyand unlawfully operated motor vehicle on a public road/place, to wit N2 BRADEN HILL bycommitting the following offence: Disregard NoCrossing Line. (2 Lines) RM2.Charge Code: 20026Amount: R2500.00Main Description: Disregard No Crossing Line. (2Lines) RM2. Should I pay the fine or will I get a crimical record if I do?

Further information relating to Question:

MUTIVE TU APPEAR IN COURT (ISSUED IN TERMS OF SECTION 56 OF THE CRIMINAL PROCEDURE ACT 51/1977 SKRIFTELIKE KENNISGEWING OM IN DIE HOF TE VERSKYN (UITGEREIK INGEVOLGE ARTIKEL 56 VAN DIE STRAFPROSESWET, 51/1977) ISAZISO ESIBHALIWEYO SOKUVELA ENKUNDLENI (NGOKWECANDELO 56 IOMTHETHO WEZITYHOLO KA 51/1977) NOTICE DETAILS Notice Number: 54/02212/914/005392 Location of Offence: N2 BRADEN HILL Date and Time: 2021/12/29 07:22 VEHICLE DETAILS Registration Number: CAA256175 License Expiry Date: 2022/02/28 Vehicle Make: MERCEDES-BENZ Vehicle Model: X 156 Vehicle Jolei, S allon vanca/ Stasiewa Register Number: 1001056F7GFW FIN oRa Num born 2079 1032533028 2307/4455 OFFENDER DETAILS Postal Code: 8005 CHARGE DETAILS You are hereby called upon in terms of Sect 56 of the Criminal Procedure Act, Act 51/1977, to appear before on the date of the trail, both of which are mentioned herein and below, at 08h45 and to remain in attendance there, to answer to the following charge (S): CHARGE 1 Contravention of c/o Reg. 284 - Reg. 291 NRTR 2000 r/W Sect. 58(1) and Sect. 89(1) NRTA 93/1996 in that: on or about 2021/12/29 07:22 you wrongfully and unlawfully operated motor vehicle CAA256175 on a public road/place, to wit N2 BRADEN HILL by committing the following offence: Disregard No Crossing Line. (2 Lines) RM2. Charge Code: 20026 Amount: R2500.00 Main Description: Disregard No Crossing Line. (2 Lines) RM2. AG: YES COURT DETAILS Date and Place you are personally to appear in Court Court: KNYSNA MAGISTRATES' COURT Court Number: A Court Date: 10 August 2022 PAYMENT DETAILS Date and Place where admission of guilt fine (s) may be paid to avoid appearance in court Payment Due Date: 2022/07/27 [Wednesday] Place of Payment: Knysna Municipality, 044-3026551 Electronic Payment: Nedbank Acc: 1626561826 Branch: 128-505 ***BLOCKED-EMAIL-ADDRESS*** Post Payment: N2, 3 Main Rd, Knysna Central, Knysna, 6571 OFFICER DETAILS Officer Number: 195017ZK Officer Name: M. SIGCU Officer Group: Knysna Provincial Traffic Centre Officer Signature: Offender Signature: Copied from the actual fldocument

Answer to the Question

Posted by Att. Patrick on 30-12-2021 20:32:42

Hi there and thank you for your question.

A section 56 fine is imposed when the motorist himself or herself is stopped by the traffic officer and his or her identity therefore is known. When this fine is imposed and is not paid by the due date, the motorist automatically has to appear in court. No second notice is issued for this fine.

If you want to avoid a court appearance, you must pay the fine before the date provided.

The fine is an admission of guilt fine, so you would be pleading guilty to the fine and you would technically receive a criminal sentence.

But, the only way for your name to be entered into the criminal database is if your fingerprints are taken.

So, if you pay the fine and don't appear in court and they can't therefore take your fingerprints, then you won't be in the database which means that nobody can actually ever figure out that you paid an admission of guilt fine for a traffic infringement.

Answer Accepted

This answer was accepted on 30-12-2021 20:57:57

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be 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 Lawyers, not SA Legal Advice. The site and services are provided “as is”. 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.