I would like to know whether it is legal for the traffic department to fine you twice for the same time and event?
One fine being from a speeding camera and the other being from a traffic cop?
Which one am I legally bound to pay?
02-4052-001623497-2 was captured at 12:29:24 at a speed reading of 76km/h and 02-4052-001643190-9 was captured at 12:29:25 at a speed reading of 77km/h. Both were captured on Empire Road between the M1 motorway and Owl Street, which is travelling in a westerly direction. The JMPD love trapping there because a large proportion of people don’t obey the speed limit there as the road is four lanes wide in the westerly direction and three lanes wide in the easterly direction.
I agree with you that this is effectively a duplicated prosecution for what is materially the same infringement, however I do point out that they readings show that the offender was in fact speeding up, not slowing down.
This matter must be dealt with by making representation on an AARTO 08 representation form demanding that one of the infringement notices is cancelled. Ms Jose can either do this herself or we can assist at a fee of R150. I have attached the AARTO 08 form if she wishes to do it herself and our population form if she wants our assistance.
NB Also note:
Issuing two infringement notices for what is materially the same offence is a very serious problem as it constitutes fraud. Unfortunately, a requirement for instituting prosecution for fraud is that the State must prove that there was intent to defraud and the likes of the JMPD simply claim that these things are simply “mistakes” on their part. But the question must be asked “if you are aware that this kind of thing happens and you do nothing to prevent it from happening, are you not demonstrating that you do indeed have the intent to defaud?”
National Chairman – Justice Project South Africa (NPC)
Document from JPSA: