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]

Question

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]

GPT 3.5 · Answer

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.