About Speeding & Traffic Ticket Law in Durban, South Africa
In Durban, South Africa, speeding and traffic ticket laws are administered under the National Road Traffic Act 93 of 1996. The act is designed to maintain safety and orderliness on the road. This law covers everything from speeding to reckless driving and includes specifics like running a stop sign, breaking the speed limit or driving under the influence. Offenders face fines and demerit points which could lead to suspension of driving privileges.
Why You May Need a Lawyer
If you've been given a traffic ticket in Durban, you might think it's simpler to just pay the fine. However, paying the fine is seen as an admission of guilt and could lead to demerit points on your license. Accumulated points may lead to license suspension or increase in insurance premiums. In such situations, it's beneficial to have a lawyer challenge the ticket or negotiate minimal fines and no demerit points, especially if you believe that the ticket was issued unjustly.
Local Laws Overview
Every speeding ticket issued has to comply with certain legal procedures, set forth in the National Road Traffic Act. Fines can range significantly based on the severity of the offense. Repeated offenses or severe cases like over speeding can lead to a court summons. Proceeding signs are mandatory and speed detecting devices have to be periodically calibrated to ensure accuracy. Failure to meet these legal requirements can be contested. Knowingly breaking the traffic rules constitutes a criminal offense and may lead to significant penalties and imprisonment.
Frequently Asked Questions
How much is the typical speeding fine in Durban?
Speeding fines can range from R250 for minor offenses to upwards of R2000 for serious speeding violations. The exact fine depends on how much the speed limit was exceeded.
How do demerit points work?
Every driver starts with 0 points. Points are added for traffic infringements. If you accumulate 12 points, you will face a three-month license suspension. Each additional point leads to a further three-month suspension.
Can a lawyer help in getting a reduced fine or point?
A traffic lawyer can help contest the evidence presented by the prosecutor and negotiate for a lesser penalty, and in some cases, may get the case dismissed.
Should I pay the fine or challenge it in court?
Payment of a fine is considered an admission of guilt. If you believe the fine was unjust, consult with a lawyer to see if challenging the ticket in court is a viable option.
What happens if I ignore a traffic fine?
If a fine goes unpaid, a warrant can be issued for your arrest. Additional fines or criminal charges may be added. Avoid ignoring traffic fines and deal with them promptly.
Additional Resources
The South African Road Traffic Management Corporation is the regulatory authority in charge of road traffic laws in Durban. They can provide details about specific laws and regulations. It's also beneficial to familiarize oneself with the National Road Traffic Act 93 of 1996 and keep updated with the amendment acts.
Next Steps
If you've been given a traffic ticket and need legal advice, it's recommended to consult with a traffic lawyer. They can evaluate the circumstances surrounding your ticket, advise you on how best to proceed, challenge the ticket, or negotiate for lower fines or reduction in demerit points. Always act promptly and make sure you're familiar with your rights and responsibilities under Durban's traffic law.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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