Yesterday I received a traffic fine amounting to R2 000 on my way from Witbank to Middelburg. The reason for the offence is Failing to comply with the road markings (No overtaking) as it appears on the slip. The facts are as follows: I was driving a Mercedes Benz Sprinter 416 with the estimated speed of 78km/h which is not above the stipulated speed limit of the road which is 80km/h. The road had three lanes, two for oncoming traffic whereas one lane for me with a solid bar line on my right hand side. In front of me there was a pick up truck with a trailer carrying solid plastic water pipes with the estimated diameter of 25cm and the estimated length of 7m. One of the pipe fell at the back of the trailer and rolled in front of me and it was not possible for me to apply brakes because I was followed by a big truck towing two trailers. The road was steep and I was of the opinion that should I apply brakes the weight of the truck will compel the truck to not stop instantly and consequently bumping the back of my vehicle to force me out of the road. When I looked at the oncoming traffic, only one Ford Ranger was coming to my direction driving on the left hand side lane of its driver and it was safe for me to change the lane to drive on the oncoming traffic lane next to mine. As I was driving parallel with the pick up truck, the driver decelerated and I accelerated to drive past him so that I can change back to my lane. The traffic officer who was about 500m away from where the incident happened got on the road to pull me aside. I stopped and she said I broke the law of the road and I am going to get a fine and demanded my drivers licence. The pick up truck that caused my act drove past us after picking up the fallen pipe and the only witness who can be called to testify is the passenger I was with. Despite a lengthy argument with the officer she gave me a fine and the shocking thing is that when she was writing the amount she did not show me the booklet which gives a full explanation of the offence and the fine thereof. My due date to pay the fine is 05 September 2014 and the trial date is 16 September 2014. I am not planning to go and negotiate reduction of the fine as I will be admitting guilt I just want to explain to the court that I was acting out of necessity. (Should a man sacrifice his life just to be construed as a law abiding citizen? I do not think so). My question is, should the court find that I indeed broke the law and my defence does not succeed I will be found guilty of breaking the law and have a criminal record? Please explain and if possible refer to relevant case law and the legislation
Posted on: Fri, 15 Aug 2014 06:45:14 +0000
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