SA Unpaid Speeding Fines from 2 Years Ago - Options?

Discussion in 'Traffic Law Forum' started by sonay, 21 August 2018.

  1. sonay

    sonay Well-Known Member

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    Hi,

    On friday morning, 3 police officers come to my house with a summons because, apparently, on the 19th April 2016, I got speeding fines that I haven't paid. I am pretty sure it was paid and if it wasn't how come I could still register my car or renew my drivers licence and why did it take 2 years for police to issue the summons?

    It's a summary offence...

    There is a time limit of two years to lay a complaint for a summary offence or six months if an expiation notice may be given for the offence [Criminal Procedure Act 1921 (SA) s 52].

    What are my options?
     
  2. WAbloke

    WAbloke Active Member

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    Demand they provide proof of claim the debt is still valid.

    Look up the relevant law to see where you stand.

    while the time is coming in Australia that the law will be whatever a cop or magistrate says it is, we are not there yet so even cops are compelled to comply with the law. There is no law yet, that I am aware of, that exempts the police from the law.

    On some govt website some where there will be a place where you can read and download the relevant law. start with the attorney generals website.

    Do a search on the net or send a message to the attorney generals dept asking which law is the relevant law.

    That law will likely set out the legal requirements and from there you develop your questions to ask anyone who fronts you again.
     
  3. Adam1user

    Adam1user Well-Known Member

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    One way out is to show evidence of payment, "I'm pretty sure it was paid" will not stand in court. If paid by credit card, download your statements from internet banking and you could agree the amount with the fine. Other than that you may want to fight it on legal grounds, but if you are wrong, you will end up paying more than just the fine amount, including the penalties, court fees and legal fees.

    I agree with you that you may have been able to register your car and renew your driver's licence, but this could be considered as clerical error from their part which does not void the fines/infringements. (I may be wrong on this, I'm sure someone will correct if I am- I am not a lawyer).
     
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