Can I get a criminal record for speeding?
We all tend to speed at times, especially when you are late for a meeting, interview or (most importantly) that date.
The question I was recently asked, was whether you can get a criminal record for speeding. The short answer is yes, you can.
To start off it should be clear that when you drive faster than the speed limit in the specific area, you are contravening the National Road Traffic Act 93 of 1996 (“the Act”).
There are two main speeding limits which are important for purposes of this discussion, namely:
- a speed in excess of 30 kilometres per hour over the prescribed general speed limit in an urban area; and
- a speed in excess of 40 kilometres per hour over the prescribed general speed limit outside an urban area or on a freeway.
If your speed is recorded in the above two instances, you will not be eligible to pay an admission of guilt fine. If you are pulled over, you can be arrested, taken into custody and the normal criminal procedure will follow.
If you are not pulled over in such an event, you will receive a notice within 30 days of the offence, which notice will be followed by a summons and date to appear in court.
It must be highlighted that 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.
If you are faced with a similar situation, it is important to obtain legal assistance as soon as possible.
*Disclaimer – this cannot be construed as legal advice.
Author: Petra van Vuuren
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