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Author Topic: Do fines prescribe?  (Read 750 times)

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Offline IceCreamMan

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Do fines prescribe?
« on: January 29, 2007, 12:46:48 pm »
WEll do they? if so what period .

thanks
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Offline Martyn

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Do fines prescribe?
« Reply #1 on: January 29, 2007, 12:57:14 pm »
Yes they do, after the court date they become a warrant of arrest for contempt of court.

As far as I can remember there is no prescription on the fine itself.

Why?
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Offline LuckyStriker

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Do fines prescribe?
« Reply #2 on: January 29, 2007, 12:58:31 pm »
I'm not sure I know what you mean
please use a longer sentence (preferably with one or two nouns and verbs) :wink:
 

D7

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Do fines prescribe?
« Reply #3 on: January 29, 2007, 01:03:26 pm »
they never prescribe. they become outstanding fines,  and when they catch you at one of their roadblocks designed to ignore dronkies and only catch people with fines, they'll take you in the minivan to jail.... (actually they let you pay first at the metro offices,  in JHB at any rate)
 

Offline Beetman

Do fines prescribe?
« Reply #4 on: January 29, 2007, 01:10:14 pm »
Quote from: "D7"
they never prescribe. they become outstanding fines,  and when they catch you at one of their roadblocks designed to ignore dronkies and only catch people with fines, they'll take you in the minivan to jail.... (actually they let you pay first at the metro offices,  in JHB at any rate)


Talking about minivan, be carefull the white van is in Pta (I was called warning me that they will be at a few places)... just a warning but i know all of you doesn't have any outstanding fines????
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Offline IceCreamMan

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Do fines prescribe?
« Reply #5 on: January 29, 2007, 05:21:47 pm »
Quote from: "Transalp"
Yes they do, after the court date they become a warrant of arrest for contempt of court.

As far as I can remember there is no prescription on the fine itself.

Why?


I was speaking to a colleague and she mentioned her husband had been arrested in a roadblock for unpaid fines, just got me to thinking if there is a prescription period for fines as i do have some from years ago that i never paid and have never heard a thing an gone thru roadblocks without being asked to politely climb into the lil white van.
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Offline MuttsNutts

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Do fines prescribe?
« Reply #6 on: January 29, 2007, 05:58:07 pm »
One legal point though, as I understand it, if a fine was sent to you in the post, it must first be converted to a summons, A summons can only be legally issued to you by a Sheriff, Not by the clerk of the court, by post or any other idiot who knows on your door.
Only if you ignore a properly issued summons(by sherrif) can a legal warrent for your arrest be issued.

The pink fines written out to you in your presence, is in fact a legal summons so they can then just send you a court date
 

Offline funacide

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Do fines prescribe?
« Reply #7 on: January 29, 2007, 06:20:38 pm »
They only arrest you if you have missed your court date and there is an outstanding warrent of arrest. They connot arrest you if you have not been found guilty in a court of law yet....
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Offline wino

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Do fines prescribe?
« Reply #8 on: January 29, 2007, 06:42:28 pm »
i think that the general prescription period wrt a debt due to the state and municipality of 30 years equally applies to fines... :?:
 

Offline JourneyMan

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Do fines prescribe?
« Reply #9 on: January 29, 2007, 06:56:29 pm »
Was put on the bus (back in 2002) for an outstanding warrant.

Apparently the on the spot fine in your presence with your acknowledgement by way of signature is a summons to pay or to defend in court. If you fail to act on this type of fine, either by not paying and not appearing in court if you did not pay, a warrant gets issued.

I got one on the day of my son's birth. On the way home from the hospital. KK was very nice and asked about the health and weight etc. I thought: This is my lucky day! Not! R400 fine for not wearing seatbelt and not having my liecense on me. (I later found it in my jacket in the boot. :roll:  :lol: )

Anyway. Forgot about it and was pulled over one Friday afternoon on the way home. Was a shock when they told me to pull into the space next to the bus. On the bus there were quite a few dumb struck people already there. I think my facial expression must have been very close to their's. :shock:  :lol:

I eventually went to pay the fine (now R 800 with contempt of court slapped on). The printout showed about 15 outstanding tickets. This they ignored. They only acted on the warrant.

Lesson: If you don't pay and can't pay on the day of the road block, you spend the weekend in the chookie! :shock:
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Offline Adventurer

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Do fines prescribe?
« Reply #10 on: January 29, 2007, 09:21:02 pm »
They do expire, when they cannot be held up by my fridge magnet and they fall on the floor, they have expired IMO. :D  :D
Seriously, I hope they do, otherwise I am in a bit of kark.
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Offline koplamp

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Do fines prescribe?
« Reply #11 on: January 30, 2007, 06:58:51 am »
Good topic.

I had some "notice fines" from years ago, previous cars. Time went by and I was caught going over a quite railway crossing in the country side "without stopping dead". I got fined by P-Diddy himself. Oke had loads of gold chains around his neck and even some gold and other semi-precious stone inlays for teeth. A real character. That fine is a "summons". When I went to pay, I asked the clerk to check if there were any other outstanding fines. None.

I have one from my secret life as a Transvaler and even one in Hanover or Colesberg or Richmond - where that oke with the pointy thing sits under the willow and I am sure wishes a truck would end his miserable carreer.
 

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Do fines prescribe?
« Reply #12 on: January 30, 2007, 07:17:11 am »
Out of interest sakes, I had old fines where even the SHerrif did come to visit, due to working after hours he never got me :D , I sold the vehicle a year later, and hey no record of the fines  :D and THis was in 2005
 

Offline MrBig

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Do fines prescribe?
« Reply #13 on: January 30, 2007, 08:42:01 am »
Hmm..

Can't really comment.

I guess I do something wrong - or perhaps VERY right.

34 and have never recieved a speeding fine.

And (obviously) it's not because I NEVER speed. :twisted:
Wonder if it's a record or something?
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Do fines prescribe?
« Reply #14 on: January 30, 2007, 09:50:59 am »
Quote from: "wino"
i think that the general prescription period wrt a debt due to the state and municipality of 30 years equally applies to fines... :?:

I spoke to a police lawyer and he said that fines never expire. They used to in your dad's day (as per municipal act) but not anymore.

You cannot be arrested for outstanding fines.
You may only be arrested if you fail to turn up for court and a warrant was issued. If you do turn up for court, you have to pay the fine immediately or go to jail/bail and await new court date.

Drunk driving is different. You may be arrested immediately and incarcerated for a MAXIMUM of 4 hours. After your fellow inmates raped you, you will be charged for drunk driving and a court date will be set. If you are lucky you will be allowed to pay an admission of guilt to avoid court or if you are really lucky the police will take one look at your swollen @ss and tell you to get lost.
 

Offline Maverick

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Do fines prescribe?
« Reply #15 on: January 30, 2007, 11:33:09 am »
Quote from: "MrBig"
Hmm..

Can't really comment.

I guess I do something wrong - or perhaps VERY right.

34 and have never recieved a speeding fine.

And (obviously) it's not because I NEVER speed. :twisted:
Wonder if it's a record or something?
 :)


Now you have gone and jinx it dude, watch the fines rolling in :D

Things fortenately/unfortenately works slightly different in the UK. The humans right act protects civvies so much it is beyond bizarre. If I get stopped in a roadblock which they sometimes have pulling all the bikes they can only check whether my bike has a tax disc on and if the general condition is ok i.e. tyres, lights etc. They are not allowed to ask for you licence unless the bike is not taxed and insured. I got fined ?£60 and3 points on my licence for turning out of a one way system as I did not see the sign :roll: All they asked from me was name, address and took my registration of the bike, I had to show my licence when I paid for the fine and that's it - very odd in deed :?

Got pulled for a safetybelt a few blocks from our house and that was ?£30 and a firm reminder how important it is to wear a safety belt. Luckilly no points. The coppers this side is pretty relaxed if you behave and will let alot of things slip like filtering on a white line, dark visor etc. There is however the odd cop out there who hates bikers with a passion that will do anything to get you.
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