I am not a lawyer, but I can provide some general information that may be helpful to you.
In South Africa, the legal process and outcomes can vary depending on the specific circumstances and the applicable laws. However, I can provide some general information that may be relevant in Mary's case.
Firstly, if Mary did not know and was not properly informed by the arresting officer or other relevant party that paying the admission of guilt fine would result in a criminal record, she may have grounds to challenge the conviction. It is important to consult with a lawyer familiar with South African law to understand the specific legal remedies available in this situation.
One option that Mary could explore is to apply for a review of the conviction and sentence. She would need to show that there was a material irregularity or injustice in the process. If she can prove that she was not properly informed of the consequences of paying the admission of guilt fine, it may support her case for a review.
Additionally, Mary could also consider appealing to the relevant authorities, such as the South African Police Service (SAPS), to request that the conviction be overturned on the grounds of insufficient information and possibly a violation of her rights.
However, success in having the conviction overturned will depend on various factors, including the specific details of the case, the evidence available, and the interpretation of the relevant laws. It is crucial that Mary consults with a lawyer experienced in criminal law in South Africa, who can assess her specific circumstances and provide tailored advice.
Please note that this response is based on general knowledge and may not be applicable to the specific laws and case precedents in South Africa. It is always recommended to seek professional legal advice for accurate and tailored guidance.
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. In south africa, case laws, legislation
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