Criminal record for traffic offenders
People paying admission-of-guilt fines will soon receive criminal records.
MOTORISTS paying admission-of-guilt fines will soon incur criminal records.
Some motorists could already have criminal records as a result of a clause in the Criminal Procedure Act of 1977, which states paying a fine is the same as being convicted in court.
The provision in the 37-year-old apartheid-era law has always been there, but is only now being enforced by Durban Metro Police.
A motorist, Andy Gardner, was made aware of this when he went to pay a R150 fine for driving at 96km/h in an 80km/h zone. He had not actually received the fine, however, on receiving a summons, he opted to pay the admission-of-guilt fine.
When he went to pay it, the cashier handed him a form which stated that, on payment, he would get a criminal record. He refused to sign this and decided he would rather appear in court and fight the charge.
The form said the motorist acknowledged being informed that, by paying the fine, he was deemed to have been convicted and sentenced by the court.
After investigation, his attorney told him this was in accordance with the law.
Metro police spokesman Eugene Msomi confirmed the department had been told by the director of public prosecutions that it intended to activate this provision in the law book. He said it had not yet been effected, but its new stationery would reflect this change.
