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SA Can I Contest Expiation Notice?

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

  1. clarky

    clarky Member

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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

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    Hi,

    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    An expiation notice can be withdrawn if you can convince them that you didn't commit the alleged offence.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
     
  3. clarky

    clarky Member

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    As far as I am aware, there was no photographic evidence of the incident obtained by them, and I have phone records that show no incoming/outgoing calls or texts within ~20mins of the alleged offence.
     
  4. Rod

    Rod Well-Known Member

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    This helps, but is not conclusive. Smart phones unfortunately have many uses these days. For example you could have been using maps/GPS, or Facebook or email or Instagram or <insert App of choice>.

    Either pay fine for convenience, or fight it on principle.
     
  5. clarky

    clarky Member

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    That's the thing, I know I had no use of my phone when the officer claims to have seen me using it, so fighting it would be 100% on principle.
     
  6. Rod

    Rod Well-Known Member

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    Then elect to take the matter to court. Instructions should be on your notice.
     

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