Advice on arrest for speeding

**Skilla** · 08-12-2023, 07:02

Been through this not too long ago,
only advice I would have is to book an appointment to see the state prosecutor at the court, if it is his first offence, and being very humble and friendly suggest that he is willing to do rehabilitation training NICRO,
https://www.arrivealive.mobi/nicro-a...anel-programme

if he goes and shows he has done some research and suggested to do this himself and not ordered to do to might just get the prosecutor to agree,
its a few days long programme with homework that many first time offenders of DUI or reckless driving are sent for, afterwards they write him a letter and if prosecutor is satisfied they withdraw the arrest and charge.

Bail money will be forfeited as as a payable fine (R2000)

again, not a legal advisor, but my personal experience.

**Steven001** · 08-12-2023, 08:17

Originally Posted by MSW2

That stretch between the R57 and the road to Vaaloewer ;)

There is no speed limit on that road as far as I know.....

**Steven001** · 08-12-2023, 08:19

Originally Posted by Skilla

Been through this not too long ago,
only advice I would have is to book an appointment to see the state prosecutor at the court, if it is his first offence, and being very humble and friendly suggest that he is willing to do rehabilitation training NICRO,
https://www.arrivealive.mobi/nicro-a...anel-programme

if he goes and shows he has done some research and suggested to do this himself and not ordered to do to might just get the prosecutor to agree,
its a few days long programme with homework that many first time offenders of DUI or reckless driving are sent for, afterwards they write him a letter and if prosecutor is satisfied they withdraw the arrest and charge.

Bail money will be forfeited as as a payable fine (R2000)

again, not a legal advisor, but my personal experience.

I was arrested and charged for Assault GBH over a decade ago, long story and lots of court fuckery, ended up diverted to Nicro, not bad at all, get to meet some interesting people and its basically life coach sessions, I feel that its a bit harsh for just speeding, but much better than a negligent driving record

**gary-t** · 08-12-2023, 11:36

Originally Posted by Johann du Toit

Get an attorney. If you cannot afford one approach Legal Aid as they offer free services if your income is under a certain margin.
Have the attorney talk to the Prosecutor working on this matter and see if a plea bargain is possible. Pleading guilty to a lesser charge that can result in a lesser fine might be a good idea here it that is on the table, and will likely save legal costs in the long term and avoid the possibility of a prison sentence (which is still highly unlikely, but possible).

The Prosecutor would not see him. The magistrate approached him before he appeared in court. He it had it changed to a R5000 fine with no record. He had been charged with speeding and reckless and negligent driving. Personally, it sounds underhanded to me. Hopefully he learnt a lesson.

**oafpatroll** · 08-12-2023, 12:22

I think that sounds like a win to be honest. R5k hurts but its nothing compared to the potential issues that a record could bring.

**Davidc** · 08-12-2023, 12:52

Originally Posted by gary-t

The Prosecutor would not see him. The magistrate approached him before he appeared in court. He it had it changed to a R5000 fine with no record. He had been charged with speeding and reckless and negligent driving. Personally, it sounds underhanded to me. Hopefully he learnt a lesson.

Expensive lesson but it beats a criminal record. Nothing underhanded unless the R5k went into the judges pocket.

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**Geno** · 08-12-2023, 12:59

Originally Posted by oafpatroll

I think that sounds like a win to be honest. R5k hurts but its nothing compared to the potential issues that a record could bring.

This! R5k is small change to pay instead of having a criminal record.

**oafpatroll** · 08-12-2023, 13:00

Originally Posted by Davidc

Expensive lesson but it beats a criminal record. Nothing underhanded unless the R5k went into the judges pocket.

Do you even get judges at the R5k price point? I'd have thought that inflation would have moved the needle on that a bit by now.

**Zuku** · 08-12-2023, 17:30

Originally Posted by MSW2

That stretch between the R57 and the road to Vaaloewer ;)

I always thought it was compulsory, like some of those Freestate back roads.

**Johann du Toit** · 08-12-2023, 21:52

Originally Posted by gary-t

The Prosecutor would not see him. The magistrate approached him before he appeared in court. He it had it changed to a R5000 fine with no record. He had been charged with speeding and reckless and negligent driving. Personally, it sounds underhanded to me. Hopefully he learnt a lesson.

The prosecutor, not the presiding officer, is the one who is empowered to make plea deals with Defendants. The magistrate is supposed to be neutral and unbiased. But considering how lightly he got off I think it's best to just let it be and for him to get on with his life.