Criminal record for not observing stop sign

[Lotus]

I was ticketed at OR Tambo a couple of weeks ago for not stopping (completely) at a badly marked stop sign. Mea culpa.

 

I was about to pay the admission of guilt fine when it was brought to my attention that paying the fine automatically gets you a criminal record. I understand that is unique to Ekhuruleni and a couple of other metros.

 

Anyone have experience of this, and what's the best approach to deal with it?

 

I certainly don't want that on record as it will ruin any visa and other applications in future.

 

 

[Bateleur1]

I was ticketed at OR Tambo a couple of weeks ago for not stopping (completely) at a badly marked stop sign. Mea culpa.

 

I was about to pay the admission of guilt fine when it was brought to my attention that paying the fine automatically gets you a criminal record. I understand that is unique to Ekhuruleni and a couple of other metros.

 

Anyone have experience of this, and what's the best approach to deal with it?

 

I certainly don't want that on record as it will ruin any visa and other applications in future.

 

Paying an admission of guilt for a criminal offence will get you a criminal record but a traffic violation is not a criminal offence.  If it is true that the Ekhuruleni does do this then they are acting unlawfull.  If I were you I would take some pictures of the stop sign where you were fined.  Especially of the road markings and actually petition the fine (assistance from a lawyer would be helpfull).

[Robbie Stewart]

I was ticketed at OR Tambo a couple of weeks ago for not stopping (completely) at a badly marked stop sign. Mea culpa.

 

I was about to pay the admission of guilt fine when it was brought to my attention that paying the fine automatically gets you a criminal record. I understand that is unique to Ekhuruleni and a couple of other metros.

 

Anyone have experience of this, and what's the best approach to deal with it?

 

I certainly don't want that on record as it will ruin any visa and other applications in future.

 

Can't comment on that one, sorry.

 

But here closeby is a 4-way stop junction with two adjacent sides closed off with concrete baricades. It is now just used as a 90-degree bend in the road, and no-one stops. (there is some construction goings-on behind the baricades). I came merrily driving along last week and made the obligatory left turn without so much as a thought of even pretending to stop. As I turn, I happen to glance straight at mister traffic officer who made the full stop behind the lines kind of stop. He was just gazing at me with his jaw doing the drop to the floor routine while his head started involuntary shaking from left to right. I froze (for what could not have been more than a heart beat during which time came to a complete stop) and decided to smile and (literally) wave at him. He waved back. I kept on driving and scrutineered my rearview mirror for what I was convinced would be some fierce blue lights and wailing of sirens. I made it all the way home without seeing him again.

 

That was a lucky escape. Now, I stops.

[TNT1]

I was ticketed at OR Tambo a couple of weeks ago for not stopping (completely) at a badly marked stop sign. Mea culpa.

 

I was about to pay the admission of guilt fine when it was brought to my attention that paying the fine automatically gets you a criminal record. I understand that is unique to Ekhuruleni and a couple of other metros.

 

Anyone have experience of this, and what's the best approach to deal with it?

 

I certainly don't want that on record as it will ruin any visa and other applications in future.

Who brought it to your attention?

 

I have personally ****** up enough times and paid enough traffic fines (admission of guilt fines) in my day, yet I have a spotless criminal record (for various reasons I have a police clearance done every 12 months)

 

Are there certain fines that will not lead to a criminal record?

 

If a person pays a penalty in terms of the Administrative Adjudication of Road Traffic Offences Act ("AARTO"), it will not lead to that person having a criminal record.

 

https://www.legalwise.co.za/help-yourself/legal-articles/consequences-paying-admission-guilt-fine

 

Oh, and to your point regarding Ekurhuleni, almost all of the traffic fines I have ever paid are in Ekurhuleni.

Edited October 12, 2020 by TNT1

[Chris_]

If you are required to appear at court, have fingerprints, a docket opened, that kind of stuff for your traffic violation, then I imagine you have a record. Not the minor traffic violations. I also just had a police clearance done and nadda.

[TNT1]

If you are required to appear at court, have fingerprints, a docket opened, that kind of stuff for your traffic violation, then I imagine you have a record. Not the minor traffic violations. I also just had a police clearance done and nadda.

A couple of years back, my dad was nicked doing 120+ish in an 80 zone. Went to police station, fingerprinted, bail, court date, the whole trip. Gets community service and has to go to anger management classes.

 

No criminal record.

 

He did sell the motorbike though.

Edited October 12, 2020 by TNT1

[Lotus]

Who brought it to your attention?

 

I have personally ****** up enough times and paid enough traffic fines (admission of guilt fines) in my day, yet I have a spotless criminal record (for various reasons I have a police clearance done every 12 months)

https://www.legalwise.co.za/help-yourself/legal-articles/consequences-paying-admission-guilt-fine

 

Oh, and to your point regarding Ekurhuleni, almost all of the traffic fines I have ever paid are in Ekurhuleni.

I picked it up from this:

https://www.jp-sa.org/sec57cpa/

 

As for prints being taken, apparently (extracted from the above web link)

"when you pay an admission of guilt fine which appears on one of these summonses, it will have the same effect as if you were to be found guilty by the court³.  It does not say that the matter is now swept under the carpet and life resumes as normal.

It furthermore says that the clerk of the court shall, “as soon as expedient enter that admission of guilt in the criminal record book for admissions of guilt”.   This means that a criminal record must be registered against your name and ID number, despite the fact that no criminal docket has been registered against you by SAPS and your fingerprints have not been taken.

[Chris_]

A couple of years back, my dad was nicked doing 120+ish in an 80 zone. Went to police station, fingerprinted, bail, court date, the whole trip. Gets community service and has to go to anger management classes.

 

No criminal record.

 

He did sell the motorbike though.

 

I'm sorry for his loss.

[Kranswurm]

Who brought it to your attention?

 

I have personally ****** up enough times and paid enough traffic fines (admission of guilt fines) in my day, yet I have a spotless criminal record (for various reasons I have a police clearance done every 12 months)

https://www.legalwise.co.za/help-yourself/legal-articles/consequences-paying-admission-guilt-fine

 

Oh, and to your point regarding Ekurhuleni, almost all of the traffic fines I have ever paid are in Ekurhuleni.

For my sins I was bust travelling towards Beaufort West at sunrise doing 200 ish.Had to go to see the Magistrate when it opened and she fined me R2000 AOG.Never seen a criminal record and I also do Police Clearance every 6 months.Thats how long they are valid for.

[Eddy Gordo]

I have payed a couple of admission of guilt fines in my time. No criminal record, although I had a lawyer involved and on one occasion a meeting with the judge. No, the was no bribes.

[TNT1]

I also do Police Clearance every 6 months.Thats how long they are valid for.

Yeah, but for my purposes, SAPS only require a new one every 12 months.

[Kranswurm]

Yeah, but for my purposes, SAPS only require a new one every 12 months.

SBSA one of our biggest clients requires a police clearance for all persons carrying out work for them on site.

For Moz its every two years

[Long Wheel Base]

SBSA one of our biggest clients requires a police clearance for all persons carrying out work for them on site.

For Moz its every two years

2 years for me as well in order to get a permit for access onto the apron at ACSA airports. The permit is valid for 2 years so it gets done at every renewal.

[Lotus]

I was ticketed at OR Tambo a couple of weeks ago for not stopping (completely) at a badly marked stop sign. Mea culpa.

 

I was about to pay the admission of guilt fine when it was brought to my attention that paying the fine automatically gets you a criminal record. I understand that is unique to Ekhuruleni and a couple of other metros.

 

Anyone have experience of this, and what's the best approach to deal with it?

 

I certainly don't want that on record as it will ruin any visa and other applications in future.

Update:

I went to the EMPD offices a couple of weeks ago and handed in a written request to have the ticket cancelled.

 

Yesterday I checked the fine on Paycity and saw that it's been cancelled.

 

/breathes sigh of relief

[Frosty]

Update:

I went to the EMPD offices a couple of weeks ago and handed in a written request to have the ticket cancelled.

 

Yesterday I checked the fine on Paycity and saw that it's been cancelled.

 

/breathes sigh of relief

Which office did you go to? I need to do the same, as I can prove I was doing less than the limit, but the car to my left was doing 79 in a 60 zone.

[Lotus]

Which office did you go to? I need to do the same, as I can prove I was doing less than the limit, but the car to my left was doing 79 in a 60 zone.

EMPD Municipal Court building, 11 Long Street, Kempton Park Cbd.