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SA Taking a Fine for a Friend and False Statutory Declaration?

Discussion in 'Traffic Law Forum' started by terrance43, 16 November 2014.

  1. terrance43

    terrance43 Member

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    A friend of mine has signed a false Statutory Declaration saying i was the driver of his vehicle at the time of a speeding expiation notice. Things have gone sour in the relationship and he/she is refusing to pay the fine. I have started paying the fine by instalments as I cannot afford to pay the fine ($600 ).

    What would be the legal ramifications for myself/friend if I was to report that s/he has provided false information re speeding fines in a Statutory Declaration? I have not signed any paperwork, but I have started paying the speeding fine.

    Would I have any criminal charges for accepting the fine on the grounds of a false Statutory Declaration?

    Thanks.
     
  2. lawanswers

    lawanswers Moderator
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  3. Sarah J

    Sarah J Well-Known Member

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    Hi Terrance,

    Making a false or misleading statutory declaration is a serious offence.

    A person who knowingly makes a false statutory declaration can face a fine to up to 4 years imprisonment: Statutory Declarations Act s 11

    There may be consequences for you in assisting in the making of the false declaration or misleading justice. However, it would unlikely be as severe as the person making the declaration.
     
  4. Sarah J

    Sarah J Well-Known Member

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  5. Phildo

    Phildo Well-Known Member

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    The first issue will be whether or not you have actually signed anything (ie committed fraudulent activity).

    You will need to view the photo (if there is one). Such photo would hopefully show that you were not driving.

    You might need to find a cop in the relevant section and have an informal chat with him/her. Make sure it's a high ranking cop.

    Hopefully they'll be more interested in allocating the infringement to the correct person than charging you with anything.

    But, if you haven't signed anything, then it's all going to fall back on your ex-friend.
     

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