Mary is arrested for suspected driving under the influence. She receives a summons to appear in court when she is pulled over. The summons endorses that she may admit her guilt regarding the offence and pay the fine stipulated without appearing in court. She fears that her employer will be angry and possibly react to her detriment at work if she had to appear in court. Based on the latter, Mary decides to pay the admission of guilt fine. A month after the incident, Mary applied for a new position at work for which she needed to furnish a clean criminal record. Much to her surprise, upon application at the SAPS, she is informed that the admission of guilt fine that she paid automatically implies that she will have a criminal record. She is distraught to hear this and decides to "take the matter further". Advise Mary on the success or otherwise, to have the conviction overturned because Mary did not know, and neither did the arresting officer explain to her, that she could receive a criminal record. [5]
Mary may have a chance to have the conviction overturned, but the success of her case will depend on several factors. It is important for Mary to gather evidence to support her argument that she was not aware that paying the admission of guilt fine would result in a criminal record.
First, Mary should obtain a copy of the summons that she received. She should carefully review it to see if there is any mention of the consequences of paying the fine, particularly regarding a criminal record. If the summons does not provide this information, it could strengthen her case.
Next, Mary should try to gather any other evidence that could support her claim of unawareness. This could include any conversations she had with the arresting officer or any documentation related to the process of paying the fine. If there is no record or proof that Mary was informed about the potential criminal record, it could further support her argument.
In addition, Mary should consider seeking legal advice to better understand her rights and options. A lawyer with knowledge of criminal law can assess the specific circumstances of her case and provide guidance on how to proceed. They may also be able to represent Mary in court if necessary.
It is important to note that the outcome of Mary's case will depend on the specific laws and legal procedures in her jurisdiction. Therefore, it is recommended for her to consult with a lawyer who is familiar with the relevant laws in her area.
Overall, Mary should gather evidence, seek legal advice, and potentially consult with a lawyer to determine the strength of her case and the likelihood of having the conviction overturned.
To advise Mary on the success or otherwise of having the conviction overturned, we can consider the following steps:
1. Gather evidence: Mary should gather all relevant information and documents related to the incident, including the summons she received, any receipts or proof of payment for the admission of guilt fine, and any written correspondence with her employer regarding her concerns about appearing in court.
2. Consult a legal professional: Mary should seek advice from a qualified lawyer specializing in criminal law or related matters. The lawyer will be able to assess the specific details of her case and provide personalized guidance based on the jurisdiction and laws applicable in her area.
3. Review the summons and applicable laws: The lawyer will review the summons Mary received and the specific laws relating to driving under the influence in her jurisdiction. They will assess whether the summons adequately informed Mary that paying the admission of guilt fine would result in a criminal record.
4. Assess conversations with the arresting officer: If Mary had any conversations with the arresting officer during the incident or when receiving the summons, the lawyer will consider whether the officer failed to inform her about the potential criminal record consequences of paying the fine.
5. Evaluate Mary's reasonable expectations: The lawyer will consider whether Mary had a reasonable expectation that paying the fine would not result in a criminal record, given her concerns about the potential negative impact on her employment. This argument could be used to show that Mary made an informed decision based on incomplete information.
6. Investigate any potential misrepresentation: The lawyer will also investigate whether there was any misrepresentation or lack of clarity in the summons or other relevant documents regarding the consequences of paying the admission of guilt fine.
7. Assess the likelihood of success: Based on all the gathered information and legal analysis, the lawyer will be able to advise Mary on the likelihood of success in having the conviction overturned. The decision will depend on various factors, including the specific laws in her jurisdiction, the clarity of the summons, and any evidence of misrepresentation or lack of information provided by the arresting officer.
It is essential for Mary to consult with a legal professional who can assess her specific circumstances and provide accurate advice based on the applicable laws and the evidence she has available.