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SA Can I Contest Expiation Notice?

Discussion in 'Traffic Law Forum' started by clarky, 14 October 2016.

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  1. clarky

    clarky Member

    14 October 2016
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    Hi all,

    I recently received an expiation notice for "using a handheld mobile device" while I was driving, however, this was given to me without having committed the offence.

    The Situation:

    I was driving down the highway with my mobile phone plugged into the car charger sitting in my centre console under my wallet (in the cutout below my radio). While I was driving, I picked up a folded sheet of paper from my passenger seat to check the street address I needed. At this point, I heard the siren and saw the flashing lights in my rear view mirror and was pulled over.

    The officer that pulled me over asked me what "my excuse" was for using my phone. I explained that I had not used my phone and was just looking at the address I needed on the paper next to me, his response was "I saw you from the car behind using your phone".

    At this stage, I had to accept the fact that an expiation notice was going to be written, so my questions to anyone on here are:

    Given the situation, do I have any chance of contesting this expiation notice? What are my options from here? (I am aware that paying the fine is the most likely option)

    If I am able to contest the expiation notice, what could I provide as proof of my situation?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:

    You can request a review from SAPOL of an expiation notice as long as you have not already paid the notice or it has been referred for enforcement.

    An expiation notice can be withdrawn if you can convince them that you didn't commit the alleged offence. Do you know if any photographic evidence was obtained by them?

    SAPOL - Request for Review

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