RECKLESS & NEGLIGENT DRIVING LAWYERS IN JOHANNESBURG
RECKLESS AND NEGLIGENT DRIVING IN TERMS OF THE LAW IN SOUTH AFRICA
Negligent driving occurs when drivers fail to use reasonable care while operating a motor vehicle, which conduct can lead to personal injuries to other people and/or damage to one or more motor vehicles.
Due to the high number of deaths as a result of reckless and negligent driving in South Africa, the public and authorities have called on the National Prosecuting Authority (NPA) to impose harsher sentences on reckless drivers.
Howard Dembovsky, Chairman of the Justice Project South Africa advised that it is high time that people came to realise that breaking road traffic laws is a serious affair and the nonsense of believing that they may do so, as long as they pay a fine for the privilege, should be abandoned.
WHICH OFFENCES QUALIFY AS RECKLESS & NEGLIGENT DRIVING?
A driver can be arrested on the spot for contravening the following offences:
- Exceeding the speed limit by more than 30 km/h in an urban area;
- Exceeding the speed limit by more than 40 km/h outside an urban area or on a freeway;
- Reckless or Negligent Driving;
- Driving under the influence of alcohol or a drug having a narcotic effect;
- Excessive overloading;
- Fraudulent licence, licence disk or number plates;
- Absence of number plates.
Previous convictions handed down for speeding that made headlines include the following:
- In January 2014, Bronkhorstspruit Regional Court convicted Steve Hofmeyr for speeding. His fine was R10 000 but the “option” of a term of imprisonment, as well as the mandatory suspension of his driving licence was avoided by a plea agreement.
- In December 2016, Hibberdene Magistrate’s Court convicted Sthembiso Xolani Ntombela for speeding. His fine was R40 000 and his driving licence was suspended for twelve months..
- In February 2017, a taxi driver was convicted for reckless or negligent driving in the Bishop Lavis Magistrates’ Court, Cape Town. He was sentenced to a R10 000 fine or 200 days in prison plus R1000 for being an unlicensed driver.
- In July 2017, The Cullinan Magistrate court sentenced Olayori Abdul Bakare to two years imprisonment or accept a fine of R10 000. His driver’s licence was suspended for a period of five years.
It is very important to remember that in the case of speeding, as listed above, you will be arrested. A criminal trial will follow, meaning that if you are found guilty of the offence, you will get a permanent criminal record. In addition, the Act furthermore stipulates that your driving license will be suspended for a certain period if you are convicted.
WHAT TO DO IN THE CASE OF BEING CHARGED WITH RECKLESS & NEGLIGENT DRIVING
If you face a charge of reckless or negligent driving, you need to speak to one of our experienced criminal defence attorneys at Burger Huyser Attorneys in Johannesburg.
It is highly advisable that you appoint a specialist who has adequate knowledge of criminal law backed with sufficient experience in courtroom procedures and criminal investigation who can legally advise you. Choose one of our experts at Burger Huyser Attorneys to defend you.