License Speeding Appeals
A motorist who receives a traffic infringement notice for speeding can appeal the issuance of this infringement administratively.
A motorist is apprehended for driving in excess of the prescribed speed limit in two ways: either the motorist is caught in the act of speeding by a police officer who is on the road at the same time as the speeding motorist, pulls him over and issues him a traffic infringement notice for speeding on-the-spot; or a high speed camera takes a photograph of the speeding motorist and a traffic infringement notice is sent to the speeding motorist through the mail.
The police officers who arrest the speeding motorist on the road will issue the traffic infringement notice upon the person who was actually driving the speeding vehicle even if the driver actually operating the car was not the registered owner of the car. If the traffic infringement notice is sent by mail the notice will be addressed to the registered owner of the vehicle which was photographed by the high speed camera.
A motorist who receives a traffic infringement notice for speeding can appeal the issuance of this infringement administratively. This action is actually a request for an internal review of the evidence relied upon by the police when it issued the infringement. The motorist can always raise the argument that although the car was registered in his name, he was not the driver actually operating the car at the time that it was caught speeding on the road. The motorist can also raise the issue that his car was stolen and was driven without his knowledge or consent. The motorist can also prove that the car had already been sold to a third party and it was not under his control at the time it was caught speeding.
If your request for an administrative review by the police is not granted, you can always go to court and contest the issuance of the traffic infringement notice on any of those same grounds.
If the administrative request for review of the speeding infringement notice was not favourably acted upon, the motorist can appeal the infringement to the Magistrate’s Court. A full blown hearing will be set so that the police can present its evidence and the motorist can not only scrutinize the evidence of the police but also present evidence on his defences. The Magistrate’s Court will then render a ruling to either acquit or convict the motorist and either withdraw and cancel the infringement or else proceed to sentencing the motorist. The process before the Magistrate’s Court is the appeal process of a speeding infringement.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
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