Reckless and Negligent Driving Lawyers in Kempton Park

Reckless and negligent driving are criminal offences under section 63 of the National Road Traffic Act 93 of 1996. A conviction may result in a fine or imprisonment, a criminal record and the suspension of a driving licence, so an accused person should obtain advice before pleading, paying an admission-of-guilt fine or making a further statement.

The Offence: What Reckless and Negligent Driving Mean Under the Act

Section 63(1) prohibits driving a vehicle on a public road recklessly or negligently. Recklessness is the more blameworthy form of conduct. Under section 63(2), driving with wilful or wanton disregard for the safety of people or property is deemed reckless, without limiting the ordinary meaning of that term.

A court considers the road, expected traffic, speed and manner of driving. Negligence concerns a failure to exercise the care a reasonable driver would have exercised. The State must prove guilt beyond reasonable doubt; a collision alone does not establish either form of the offence.

Penalties, Licence Consequences and What Is Actually at Stake

The penalty is determined under section 89(5) of the National Road Traffic Act. The statutory maximum is a fine or imprisonment for up to six years where the court finds reckless driving, and a fine or imprisonment for up to three years where it finds negligent driving. These are maximums, not automatic outcomes; sentence depends on the facts, harm caused, prior convictions, personal circumstances and mitigation.

Consequence	Reckless driving	Negligent driving
Maximum statutory sentence	Fine or imprisonment up to six years	Fine or imprisonment up to three years
Driving licence	Section 35 ordinarily requires suspension for at least six months on a first conviction, subject to the court’s power under section 35(3)	The court may impose suspension or cancellation under section 34
Criminal record	A conviction, including one resulting from an admission-of-guilt fine, is not merely an administrative traffic outcome

Do not assume that paying a fine avoids a record. Expungement is a later, separate process governed principally by section 271B of the Criminal Procedure Act 51 of 1977, and eligibility depends on the sentence and other statutory requirements. Section 297A is not the general expungement provision.

The Local Process: How the Charge Moves Through the Kempton Park Court

Kempton Park is a sub-district within the Ekurhuleni Magisterial District. The Department of Justice’s lower-courts directory identifies Kempton Park as a Gauteng court and lists Long Street Traffic Court as a place of sitting. The summons or written notice controls where and when a particular accused must appear; the venue should therefore be checked rather than assumed from an online address.

1. Notice, summons or arrest: the initiating document identifies the allegation and appearance date.
2. First appearance: the charge is placed before court, representation is addressed and the matter may be postponed for disclosure or instructions.
3. Plea and case management: the accused pleads only after understanding the charge, evidence and consequences of any proposed resolution.
4. Trial or lawful resolution: the matter may proceed to trial, a written admission-of-guilt process or a plea-and-sentence agreement where legally available.
5. Sentence: after conviction, the court considers aggravating and mitigating evidence as well as licence consequences.

What a Defence Attorney Actually Does on These Charges

A defence attorney reviews the charge, the client’s account, photographs, vehicle damage and witness information. Once disclosure is available, the attorney tests whether the State can prove the driver, public road, manner of driving and required fault. Disputed reconstruction may require independent witnesses or a qualified expert.

• Make written representations asking the prosecutor or Director of Public Prosecutions to exercise the withdrawal power recognised in section 6 of the Criminal Procedure Act, where the evidence justifies it.
• Assess an admission-of-guilt option under section 57 before appearance or section 57A after appearance, while explaining that payment results in a deemed conviction and sentence.
• Consider a formal plea-and-sentence agreement under section 105A, not section 105, if the State’s case and the client’s instructions make negotiation appropriate.
• Prepare a contested trial, cross-examine State witnesses, call defence witnesses where required and present mitigation if there is a conviction.

What to Look for When Choosing a Kempton Park Criminal Defence Attorney

• Regular criminal-defence experience in magistrates’ courts, including road-traffic prosecutions.
• A willingness to analyse the evidence before recommending a plea or payment.
• Clear advice on criminal-record and driving-licence consequences.
• Written clarity on fees for appearances, representations, negotiations and trial days.
• Availability to advise promptly if an arrest or urgent first appearance occurs.
• No conflict of interest involving another party to the collision.

Burger Huyser Attorneys’ confirmed practice areas include criminal defence and general litigation, allowing related criminal and civil issues to be identified without presenting a traffic charge as a routine administrative matter.

Practical Considerations: Cost, Timeline and First Steps

Fees and timing depend on the evidence, the court roll and the route taken. A responsible attorney should quote after reviewing the initiating documents and should distinguish an early written representation from a multi-day trial.

Route	When it may fit	Relative cost and timing
Admission of guilt under section 57 or 57A	A lawful written offer exists, the facts are admitted and the consequences are understood	Usually the shortest and least costly route
Prosecutorial representations	Evidence supports withdrawal, amendment or a different prosecutorial decision	Correspondence-led; timing depends on the prosecutor
Section 105A agreement	Guilt is admitted and sentence can properly be negotiated in writing	More preparation than a fine; usually less than trial
Contested trial	Material facts or the legal elements are genuinely disputed	Highest cost; often requires several appearances over months

Keep the summons or charge sheet, identity document, driving licence, accident report, photographs, dashcam footage, insurer correspondence and witness details. Write a factual chronology while events are fresh, but do not contact witnesses to influence their accounts. An accused must obey the appearance instructions and any court order; having an attorney does not create a general right to stay away from court.

The Adjacent Issue: When a Criminal Charge and a Civil Claim Both Exist

A collision may produce both a criminal prosecution and a separate civil or Road Accident Fund claim. An admission or factual finding in one may affect the other, so advice should account for insurer notifications and related claims. Burger Huyser’s criminal-defence and general-litigation practices can address both where the firm accepts the instructions and no conflict exists.

If you have been charged in the Kempton Park area, contact Burger Huyser Attorneys’ nearest East-Rand office at 45A Florence Avenue, Bedfordview on 011 201 7190. After-hours bail enquiries may be routed through the Centurion branch on 069 522 7696. Confirm that the relevant team can accept the Kempton Park instruction. The firm has a 4.8/5 average from 250+ Google reviews and received the 2025 MEA Business Awards recognition for Best Criminal & Family Law Specialists.

Frequently Asked Questions

What is the difference between reckless and negligent driving under South African law?

Both offences fall under section 63 of the National Road Traffic Act 93 of 1996. Reckless driving includes wilful or wanton disregard for the safety of people or property, while negligent driving concerns a failure to exercise reasonable care in the circumstances. Reckless driving carries the higher maximum penalty.

What is the maximum sentence for reckless driving in South Africa?

Section 89(5) permits a fine or imprisonment for up to six years for reckless driving. For negligent driving, the maximum is a fine or imprisonment for up to three years. The actual sentence depends on the evidence, harm, prior convictions and mitigation.

Do I have to appear in court for a reckless driving charge?

You must comply with the summons, written notice, warning or court order. An attorney may handle some procedural work, but representation does not create a general right to be absent. Confirm attendance requirements with the attorney and court before every date.

Can I pay an admission-of-guilt fine instead of going to trial?

Only if a lawful written admission-of-guilt option is offered under section 57 or 57A of the Criminal Procedure Act. Payment avoids a trial but results in a deemed conviction and sentence, so obtain advice about the record and licence consequences first.

Where is the Kempton Park Magistrate’s Court, and what are the hours?

The Department of Justice lists Kempton Park as a Gauteng court and Long Street Traffic Court as a place of sitting. Use the venue and time printed on the summons or notice and confirm them with the clerk of the court, because the hearing location and roll time may vary.

Where is Burger Huyser Attorneys’ nearest office to Kempton Park?

Burger Huyser Attorneys has no branch in Kempton Park. Its nearest East-Rand office is at 45A Florence Avenue, Bedfordview, and the confirmed telephone number is 011 201 7190. Confirm that the team can accept the specific Kempton Park instruction.