With traffic expected to spike significantly on South Africa’s roads from Thursday afternoon, as motorists head to their Easter weekend destinations, authorities are also ramping up their enforcement activities.
This means South Africans will be faced with more roadblocks, as authorities seek to clamp down on dangerous driving and unroadworthy vehicles, but it’s also important for motorists to know what their rights are when pulled over by police.
Unpaid fines and the law
Kirstie Haslam, Partner at DSC Attorneys, explains that police cannot force you to pay fines on the spot as this amounts to extortion.
“Arrest is only lawful if a valid warrant is shown. If no warrant exists, officers may issue a summons, with a court date at least 14 days away (excluding Sundays and public holidays),” Haslam reiterated.
RTMC communications head Simon Zwane said that while officers are permitted to detain you if a warrant of arrest has been issued by a court, officers are not permitted to physically or verbally abuse you or damage your property in any way.
Motorists also have the right to inspect the officer’s certificate of appointment and can demand to see documentation of an arrest warrant if one is alleged to exist.
If your vehicle is deemed unroadworthy, officers may prohibit further driving of the vehicle and remove its licence disk. The vehicle can also be impounded if it is deemed to pose a danger to other road users or if being used in violation of public transport permit regulations, Zwane added.
Drunk driving arrests and your rights
If you’re suspected of drinking and driving, it’s important to answer questions honestly as lying may count against you, Haslam warns.
Motorists cannot refuse a breathalyser test without reasonable cause; if found to be over the legal limit of 0.05 g/dl, they will be taken for a blood test.
“Ensure sterile equipment is used in front of you; you may call your own doctor, if they can arrive in time,” Haslam advises.
“Blood must be drawn within two hours of being stopped; expired test kits invalidate results, and a police officer must be present when your blood is taken”.
If arrested, you must be informed of your rights immediately and detained at the nearest police station.
You must be brought to court within 48 hours and you can apply for bail unless the charge is serious.
Motorists can also be arrested for speeding in South Africa, and this applies to breaking the speed limit by 30 km/h or more in an urban area or by 40 km/h on a freeway.
Searching your vehicle
Uniformed officers may search vehicles and individuals at roadblocks, and they may confiscate any illegal goods found.
“If detained or arrested, you have the right to legal representation and should not be questioned without your lawyer present if one is requested,” Haslam said.
What to do at a roadblock
Haslam advises motorists to pull over safely when signalled to do so by a police officer.
It is important to remain calm and respectful, and comply with instructions to avoid confrontation.
Fines or infringement notices should be signed calmly as roadside arguments only escalate the situation.
And never offer a bribe!
What if you are arrested unlawfully?
It is important to collect as much evidence as possible, Haslam advises, including officer names, witness details, medical reports and photographs of injuries.
It’s also important to act quickly due to legal time limits and engage with a reputable personal injury lawyer.
The following emergency numbers are useful to keep on hand
- 112 – All emergencies, when calling from a cell phone
- 10177 - Ambulance
- 10111 - Police
- (012) 846 4590 – Hawks
- (0800) 055 555 - Childline
- (083) 293 7989 – Traffic anti-corruption WhatsApp line
- (012) 999 5407 – Bad Driving and anti-corruption
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