What is a Traffic Violation Lawyer?

With their specialised knowledge and experience, traffic violation lawyers in Kenya are legal professionals who can effectively handle traffic-related cases. They are adept at negotiating lower fines, reducing charges, or dismissing tickets when possible.

The advice of a traffic violation lawyer can be invaluable. They can thoroughly analyse the case, suggest possible resolutions, and guide you in achieving the best results.

A traffic violation lawyer plays a crucial role in court. They negotiate resolutions, especially in severe cases, and act as your representative, providing a more effective defence than you could manage alone.

In addition, a traffic violation lawyer may be able to help with a dismissal. In some cases, there may be reasons the ticket or charge should be dismissed that a regular individual would not know. This may be important for any ticket or violation, as they somehow affect the driver.

What Are Traffic Violations?

While individuals can represent themselves in court when contesting a traffic ticket, lacking legal expertise may lead to undesirable outcomes. On the other hand, a traffic violation lawyer is well-versed in the facts and circumstances that must be addressed during court proceedings, potentially preventing devastating results.

There are different types of traffic violations.  The following are usually considered criminal traffic misdemeanours:

• Reckless driving;
• Driving without automobile insurance;
• Driving without a license;
• Hit-and-run accidents, or failing to stop after an accident occurs, and
• Driving under the influence of drugs or alcohol.

Is It Important to Have a Traffic Violation Lawyer?

A traffic violation lawyer can help get lower fines, lesser penalties, or a ticket or charge dismissed. If an individual does not get the help of a traffic lawyer, they may have to pay hefty fines and court costs and attend driving school. The ticket or charges may stay on an individual’s driving record for years. Additionally, tickets or charges may affect a driver’s automobile insurance price.

Although a traffic violation lawyer is not always required, they are highly beneficial. The more serious the charge or violation, the more valuable a lawyer will be. If you received a ticket or a charge in a jurisdiction where you do not reside, hiring a local lawyer in that area is helpful. The lawyer can assist you with your case and represent you during court appearances.

Do You Need a Lawyer for Your Traffic Violation?

If you are contesting a traffic ticket or facing more severe driving violation charges, having a traffic lawyer is in your best interest. Traffic tickets may be expensive; put points on your driver’s license and raise your insurance rates. More severe violations may affect you for years to come. An experienced traffic violation lawyer can help you present the most compelling case and represent you during court proceedings.

What is a Minor Traffic Offence in Kenya?

The Traffic Act does not expressly define a minor traffic offence; however, Section 117 provides that the Minister may prescribe a schedule for minor traffic offences.  The Traffic (Minor Offences) Rules, 2016 list more than 30 offences the Minister designated as Minor. They include driving without a valid driving licence, exceeding the speed limit for your class of vehicle by up to 20kph, failing to display reflective triangles/lifesavers when your car stops on the road, etc. We shall provide a table of Minor Traffic Offences at the end of this article.

Examining the schedule, we can conclude that none of the minor traffic offences are liable for a prison term, and the fines range between Kshs. 500 and Kshs.10,000. Committing them results in less dire consequences, as opposed to, for example, driving under the influence of drink, where one would be liable for a fine not exceeding one hundred thousand shillings or a term not exceeding two years or both.

There is a maximum fine that you can pay for each minor traffic offence

Rule 3 of the Traffic (Minor Offences) Rules, 2016 provides that the fines stated in the schedule of the minor offences are the maximum fines that can be passed for each offence, notwithstanding other provisions of the Law.

Unfortunately, because most people do not know the offences or the maximum fines the law prescribes, law enforcement cartels take advantage of this ignorance to pass higher penalties. Most people appear before the Traffic Court unrepresented and oblivious to the law, and during sentencing, they accept whatever fine is passed. It is critical to acquaint yourself with these provisions to avoid a situation where you are mistreated.

How are Minor Traffic Offences supposed to be dealt with?

i. Notification by the Police of the Minor Offence

Section 117 of the Traffic Act provides that when you commit a minor traffic offence, a police officer must inform you of the infraction using a notification in the prescribed form. They may issue the notification in person or by placing it prominently on the vehicle concerned. The notification is a charge sheet as well as a summons. It discloses the offence committed and the time and Traffic Court you are supposed to attend.

If the notification is served in person and you deny the charge, you must attend court within 48 hours; however, if it is affixed to your vehicle, you are to attend court after seven days of such service

ii. Pleading guilty or not guilty

This is where it gets interesting. You are not obliged to attend court to answer the charge. You can plead guilty in writing and send the notification with the maximum penalty to the court by registered post or in person.
The notification form is divided into sections. Section A contains particulars of the person, the vehicle, and the charge. Section B is for denial of Charges, Section C is for admission to Charges, Section D is for payment Details, Section E is for details of the Police Officer, and Section F is for sentencing.

If you plead guilty, you need only fill in Section C, noting any mitigating circumstances, and Section D, Payment details, and send it to court within the time indicated in the Notification. After considering your mitigating circumstances, the court can accept or lower the fine and refund a portion of the fine.

If you plead not guilty, you are supposed to pay a cash bail equal to the statutory penalty and attend the Traffic court on the date in the notification. After hearing from you, the court will decide whether to convict and fine you or acquit.

iii. Penalty for Failing to respond to the notice or tearing /defacing the summons

Section 117 (8) of the Traffic Act provides that if you fail to attend court on the date and time of the notice or plead guilty to the offence, the court may issue warrants for your arrest. Unless you show good cause, you will be found guilty and liable for a fine of Kshs 200 or one month in prison.

Section 117(9) provides that if any unauthorised person removes a notice affixed to a vehicle or tears/ defaces the notice, they are guilty of an offence and liable upon conviction to a fine not exceeding Kshs—200 in the first instance and Kshs.500 for subsequent convictions or three months imprisonment.

iv. What happens if this process is not followed

Notwithstanding these provisions, we know that things are different on the ground. Instead of notifying you of the infraction and the process to be followed, most traffic cops alarm you or misrepresent facts.

The next time you are stopped for a minor traffic offence, we suggest that you firmly but respectfully ask for the Notification and indicate that you wish to pay the prescribed fine. You would need to know about minor traffic offences and the prescribed penalties. If you cannot recall them, print the Schedule and keep it in your car, just in case.

There is no provision in the Traffic Act or the Police Act authorising Police officers to confiscate Driving Licences for Minor Traffic Offences; unfortunately, this continues to be done. With this knowledge, we hope you are better equipped to handle such a situation.

Challenges in enforcing the Traffic (Minor Offences) Rules, 2016

It is easy to see why the rules were passed. They were intended to free up the courts and to make it faster for them to deal with minor traffic offences. However, in 2018, a study noted that traffic offences in Nairobi and Narok still make up three-quarters of the criminal offences. This can be attributed to any of the following:

i. Most people are not aware of what constitutes minor traffic offences or the penalties and how they should be handled

It is impossible or at least challenging to enforce the Law if people are unaware of it. If you do not know that you can quickly pay a fine for a minor traffic offence, and chances are that it would not be as much as a bribe, then it is very likely that at any time you are confronted by a police officer, you will pay whatever he asks.

ii. Making Traffic offences criminal offences has proven not to be a deterrent

The courts are already swamped with cases, and in most traffic-related ones, when they convict, they only sentence one to a fine. Despite the large number of traffic-related offences, very few people are serving jail terms for them. Consequently, people only know how much it costs to get out of a traffic offence, mainly through bribes.

The provision for pleading guilty under section 117 is contradictory as people are not likely to plead guilty and be convicted of an offence if it ends up in their permanent record. It is unclear whether such a plea would affect your Certificate of Good Conduct. In our opinion, a minor traffic offence should not affect it as it would defeat the rationale of the provision.

 iii.  The system is not efficient

Today, you can access and pay for any service with a few taps on your phone. Asking people to send a fine to court in person or through registered post is inefficient, especially since most traffic offences are usually committed while travelling or outside the area one resides in. That’s why even if you know all these rules, you are still far more likely to pay a bribe, as it is more convenient.

Remote Traffic Violation Lawyers in Kenya

Our lawyers work remotely, which not only helps to reduce costs but also provides us with the flexibility to engage with businesses from anywhere in the world. Rayness Analytica has years of experience in remote engagements, supporting onboarding and managing thousands of remote relationships.

If you have further questions or concerns, please get in touch with us through our Contact Us page. We aim to become your preferred traffic lawyers in Nairobi, Kenya.