Section 50 of Traffic Act CAP 403: Warning to be given before prosecution
Where a person is prosecuted for an offence under any of the sections of this Act, other than section 46, relating respectively to the maximum speed at which motor vehicles may be driven, to reckless or dangerous driving or to careless driving, he shall not be convicted unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for an offence under some one or other of the sections aforesaid would be considered; or
(b) within fourteen days of the commission of the offence a summons for the offence was served on him; or
(c) within fourteen days a notice of the intended prosecution, specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence: Provided that—
(i) failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court is satisfied that—
(a) neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or
(b) the accused by his own conduct contributed to the failure; and
(ii) the requirement of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.
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