It might be difficult for a layman to be thorough with the legal provisions of a general nature or the road accident incidents. However, some legal awareness would be helpful in dealing with the situations. It is not uncommon that police sometimes issue car forfeiture orders for the vehicle involved in a road accident. As per the recent judgement by the SA Supreme Court, the legal provision of forfeiture of the vehicle is not valid. The courts have hardly any discretion and the action is a double penalty for the same offense.
Despite non-identification of the the culprit of a road accident, you are eligible for hit and run compensation. You should establish that the best efforts of ‘due inquiry and search’ the driver at fault was not traceable to become eligible for such compensation. The complaint is filed against the ‘Nominal Defendant’ and the amount is paid from the fund created under the Compulsory Third Party Insurance Scheme.
In case you have a doubt “whether a will have to be witnessed?”, you may refer to the Wills Act. As per the Act, the Will only when signed by the testator along with at least two witnesses becomes effective and valid. This is necessary for all legal purposes and also to establish the genuineness of the will.
Nonobservance of traffic provisions attracts on-the-spot-fee payable by the offender. If you refuse to remit the fee, you are choosing to be tried for prosecution by the court in response to the expiation notice by the lawyer. If the driver of the vehicle and the owner are different, the person driving the vehicle at the time of the accident should represent the case through a speeding ticket lawyer.
In case the police opines that the person needs protection, they may issue the intervention order. In case you desire to contest, you should appear before the magistrate within a period of 8 days to get an intervention order revoked, modified or substituted. There is no provision of ‘expiry period’ in the order and it has to be revoked by the authority.
Everyone might be curious to know “when is a defendant awarded cost? As per the Summary Procedure Act, the merits of the case attract the award by the court. To protect the interest of the defendants, it was ruled by the Supreme Court that the successful defendant cannot be denied the costs. However, in case of reasonably strong reasons, the court may take a different view.
If you wish to find out complete info when is a defendant awarded costs? discuss with a knowledgeable speeding ticket lawyer.
