I am not a legal expert, but I can provide some general information that may be helpful in this situation. It is important to consult with a lawyer to get specific legal advice tailored to your circumstances.
In some jurisdictions, paying an admission of guilt fine can result in a criminal record, even if the person does not appear in court. However, the outcome may differ depending on the specific laws and regulations in your jurisdiction.
If Mary was not informed by the arresting officer or any other relevant parties about the potential consequences of paying the admission of guilt fine, she may argue that she made an uninformed decision and was not aware of the implications on her criminal record.
In order to have the conviction overturned, Mary could consider the following steps:
1. Consult with a lawyer: Seek legal advice from a professional who specializes in criminal law in your jurisdiction. They can provide guidance on the specific laws and regulations that apply to your case.
2. Gather evidence: Collect any evidence or documents that support Mary's claim that she was not informed about the potential criminal record consequences of paying the admission of guilt fine. This may include any communication records, tickets, or documentation related to her arrest and subsequent payment.
3. Challenge the conviction: Through her lawyer, Mary can file a motion or appeal to have the conviction overturned based on the lack of information and her uninformed decision to pay the fine. The court will then review the evidence and make a determination.
4. Act promptly: It is important to act promptly in filing any appeals or motions, as there may be time limitations or deadlines that need to be adhered to depending on the jurisdiction.
Remember, this advice is based on general information, and specific legal advice should be obtained from a qualified attorney familiar with the laws in your jurisdiction.
QUESTION ONE
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.
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