What you need to know if you get stopped at a roadblock this festive season
There's been much confusion lately about what you can and cannot be arrested for at roadblocks. We've consulted an attorney, Adrian Louw, to help us make sense of it all.
By An? Theron
Published: 16 December 2020, 15:29
Heading somewhere this festive season? The last thing you need after a year such as 2020 is to stress about getting into trouble at a roadblock.
There have been many conflicting theories on the internet about getting arrested for unpaid traffic fines and a new law that will call for a zero-percentage blood-alcohol count when you get behind the wheel of a car. In order to shed some light on the subject, Mr.*Adrian Louw, a legal expert, penned a few important tips to take note of before setting off on any journey this year.
Road rights and wrongs? from a lawyer
by Adrian Louw
Firstly, avoid lawyers and legal entanglements by driving carefully! Secondly, if you are guilty of speeding, try to be polite and cooperative. That police or traffic official, in the summer sun, is also a human and may be as tired, frustrated and as irate as you are. A soft answer and a little humility has often led to a stern warning, but no ticket!
If you are clocking over 40km/h more in a 120 zone, or 30km over the 60km/h (urban) zone, you may be arrested. Below that, the usual speeding fines apply.
Where there is a good reason for speeding, such as a medical emergency, and the cops don?t accept the explanation on the scene, then the fine issued will easily be withdrawn by a prosecutor on presenting some proof of the reason for the speeding ? a written representation to the prosecution is highly recommended. It can be done preferably by a defence attorney, or by yourself. The attorney simply knows how to draft these succinctly and legally correctly.
Thirdly, if things go totally pear shaped, get as much information about the event (who the traffic or police officers are, what exactly is the offence, where and when, on paper or recorded with your phone) and insist on getting assistance from your legal representative. You may be held for up to 24 hours, or as much as 72 hours if over a weekend, and you were arrested Friday afternoon ? most courts are closed by 3pm. A good attorney should be able to arrange after-hours bail for most offences. Illegal arrests have led to billions of Rands in compensation paid out by the Police every year!
Politely hand over your license when prompted. A negative attitude will only make matters worse.
Driving over the limit
Arrests at roadblocks are most often for people driving over the legal limit (currently still 0.05g alcohol/100ml blood, equal to a single 340ml beer, 25ml strong liquor, or 125ml wine. (This must be distinguished from the common law drunken driving, a much more serious offence.) A 100 kg adult male, starting sober from 12h00, consuming 4 x 340ml regular 5% beers, spread over 7 hours, with at least the last hour drink-free, should be under the limit. However, if one does not drink at all or very seldom, the effects may be too narcotic and cause drunken driving!
Related: Drinking and driving this festive season - how much is too much?
Coffee and cold showers cannot accelerate the liver's metabolism of alcohol. The best idea is to sleep till sober, even in your parked vehicle (but not behind the wheel). It's even better to have a dedicated teetotaller driver available, or to have a store-bought alcohol-level test on hand to ensure that you're within the legal limit if you don't have someone to drive you. Remember, a criminal record, a heavy fine, suspension of your driving license for 6 months (first offender), not to mention the legal costs for that last drink is a terribly high price to pay.
Drinking and driving is a dangerous habit. Ensure you take a taxi/Uber or ask someone to be your designated driver if you're planning a big night out.
Really looking for trouble?
A vehicle previously used in commission of a crime, or a stolen vehicle, or a vehicle containing contraband such as perlemoen (abalone), crayfish (over and above the amount which you are legally permitted to have, and be ready to show your permit), unlicensed fire-arms or illegal drugs; even a tiny amount of cannabis/dagga (the current legal allowance is for own use, cultivated at home, for use at home, and not transported!) will be impounded, and the driver and passengers are usually arrested!
If law enforcement find marijuana in your car, your festive fun is over.
About those unpaid traffic tickets... can you be arrested?
Arrest at a roadblock on previously issued and unpaid traffic tickets, can only proceed to court when a Warrant of Arrest, signed by a Magistrate, has been issued. This warrant must be produced at the roadblock. (A copy, even a faxed copy, is acceptable). So, a pile of unpaid traffic tickets, which have not been through the court process, may not be used to effect arrest, in theory! Unfortunately, the levels of traffic officers' training differ widely and common misconceptions exist, which are not mitigated by the Minister of Transport or Police.
Covid-19-specific incidents
Fines were issued in the previous strict lockdown for a wide variety of road-related events. The fines often verged on the ridiculous; A man was fined for being outside his house, in the curfew time, when he had just dashed out onto the road after his dogs who were chasing baboons away! Joggers were just outside the 09h00 shutdown and fined, a mere 200 metres from their home, after they had helped an elderly man who had fallen, leading to their delay. Another driver was fined for going to a mall, a mere three kilometres from her home, instead of the mini-market closer to her home. In all these cases and many more, the fines were overturned after I wrote a short representation to the prosecution. The individuals never had to appear in court. The other caveat is that some Admission of Guilt fines which are offered by the police, are registered in the Criminal database, and then you have a criminal record. It is very important not to pay Admission of Guilt fines!
I truly hope that the authorities will act with compassion and humanely ? there is a real pandemic fatigue in this second wave ? and drivers and road users need to do their part.
*Adrian Louw (from Adrian Louw and Associates) has been an attorney since 1992 and specialises in criminal defence, road traffic law, and family law. He also hosted a legal talk show on WhaleCoast FM. You can contact Adrian to assist with legal queries at [email protected] or give him a call on 072 903 9321. He is based in Hermanus in the Western Cape.
There's been much confusion lately about what you can and cannot be arrested for at roadblocks. We've consulted an attorney, Adrian Louw, to help us make sense of it all.
By An? Theron
Published: 16 December 2020, 15:29
Heading somewhere this festive season? The last thing you need after a year such as 2020 is to stress about getting into trouble at a roadblock.
There have been many conflicting theories on the internet about getting arrested for unpaid traffic fines and a new law that will call for a zero-percentage blood-alcohol count when you get behind the wheel of a car. In order to shed some light on the subject, Mr.*Adrian Louw, a legal expert, penned a few important tips to take note of before setting off on any journey this year.
Road rights and wrongs? from a lawyer
by Adrian Louw
Firstly, avoid lawyers and legal entanglements by driving carefully! Secondly, if you are guilty of speeding, try to be polite and cooperative. That police or traffic official, in the summer sun, is also a human and may be as tired, frustrated and as irate as you are. A soft answer and a little humility has often led to a stern warning, but no ticket!
If you are clocking over 40km/h more in a 120 zone, or 30km over the 60km/h (urban) zone, you may be arrested. Below that, the usual speeding fines apply.
Where there is a good reason for speeding, such as a medical emergency, and the cops don?t accept the explanation on the scene, then the fine issued will easily be withdrawn by a prosecutor on presenting some proof of the reason for the speeding ? a written representation to the prosecution is highly recommended. It can be done preferably by a defence attorney, or by yourself. The attorney simply knows how to draft these succinctly and legally correctly.
Thirdly, if things go totally pear shaped, get as much information about the event (who the traffic or police officers are, what exactly is the offence, where and when, on paper or recorded with your phone) and insist on getting assistance from your legal representative. You may be held for up to 24 hours, or as much as 72 hours if over a weekend, and you were arrested Friday afternoon ? most courts are closed by 3pm. A good attorney should be able to arrange after-hours bail for most offences. Illegal arrests have led to billions of Rands in compensation paid out by the Police every year!
Politely hand over your license when prompted. A negative attitude will only make matters worse.
Driving over the limit
Arrests at roadblocks are most often for people driving over the legal limit (currently still 0.05g alcohol/100ml blood, equal to a single 340ml beer, 25ml strong liquor, or 125ml wine. (This must be distinguished from the common law drunken driving, a much more serious offence.) A 100 kg adult male, starting sober from 12h00, consuming 4 x 340ml regular 5% beers, spread over 7 hours, with at least the last hour drink-free, should be under the limit. However, if one does not drink at all or very seldom, the effects may be too narcotic and cause drunken driving!
Related: Drinking and driving this festive season - how much is too much?
Coffee and cold showers cannot accelerate the liver's metabolism of alcohol. The best idea is to sleep till sober, even in your parked vehicle (but not behind the wheel). It's even better to have a dedicated teetotaller driver available, or to have a store-bought alcohol-level test on hand to ensure that you're within the legal limit if you don't have someone to drive you. Remember, a criminal record, a heavy fine, suspension of your driving license for 6 months (first offender), not to mention the legal costs for that last drink is a terribly high price to pay.
Drinking and driving is a dangerous habit. Ensure you take a taxi/Uber or ask someone to be your designated driver if you're planning a big night out.
Really looking for trouble?
A vehicle previously used in commission of a crime, or a stolen vehicle, or a vehicle containing contraband such as perlemoen (abalone), crayfish (over and above the amount which you are legally permitted to have, and be ready to show your permit), unlicensed fire-arms or illegal drugs; even a tiny amount of cannabis/dagga (the current legal allowance is for own use, cultivated at home, for use at home, and not transported!) will be impounded, and the driver and passengers are usually arrested!
If law enforcement find marijuana in your car, your festive fun is over.
About those unpaid traffic tickets... can you be arrested?
Arrest at a roadblock on previously issued and unpaid traffic tickets, can only proceed to court when a Warrant of Arrest, signed by a Magistrate, has been issued. This warrant must be produced at the roadblock. (A copy, even a faxed copy, is acceptable). So, a pile of unpaid traffic tickets, which have not been through the court process, may not be used to effect arrest, in theory! Unfortunately, the levels of traffic officers' training differ widely and common misconceptions exist, which are not mitigated by the Minister of Transport or Police.
Covid-19-specific incidents
Fines were issued in the previous strict lockdown for a wide variety of road-related events. The fines often verged on the ridiculous; A man was fined for being outside his house, in the curfew time, when he had just dashed out onto the road after his dogs who were chasing baboons away! Joggers were just outside the 09h00 shutdown and fined, a mere 200 metres from their home, after they had helped an elderly man who had fallen, leading to their delay. Another driver was fined for going to a mall, a mere three kilometres from her home, instead of the mini-market closer to her home. In all these cases and many more, the fines were overturned after I wrote a short representation to the prosecution. The individuals never had to appear in court. The other caveat is that some Admission of Guilt fines which are offered by the police, are registered in the Criminal database, and then you have a criminal record. It is very important not to pay Admission of Guilt fines!
I truly hope that the authorities will act with compassion and humanely ? there is a real pandemic fatigue in this second wave ? and drivers and road users need to do their part.
*Adrian Louw (from Adrian Louw and Associates) has been an attorney since 1992 and specialises in criminal defence, road traffic law, and family law. He also hosted a legal talk show on WhaleCoast FM. You can contact Adrian to assist with legal queries at [email protected] or give him a call on 072 903 9321. He is based in Hermanus in the Western Cape.
