These are the traffic offences you can be ‘arrested on the spot’ for in South Africa
BT
A BusinessTech reader recently complained about the prospects of being arrested ‘on the spot’ after speeding.
While the motorist was let off with a ticket and a warning, he noted that he wasn’t aware that this was even a possibility, and that there still appears to be some confusion about the types of traffic fines that you can be arrested for ‘on the spot’.
Speaking to BusinessTech, the JPSA’s Howard Dembovsky said that South Africans in general should realise the seriousness of breaking traffic laws.
“I think it is high time that people came to realise that breaking road traffic laws is a serious affair and this nonsense of believing that they may do so, as long as they pay a fine for the privilege, should be abandoned,” he said.
“Following the rules of the road and obeying road traffic laws is not at all difficult to do and not doing so can lead to serious consequences – not only for you – but for innocent people who fall victim and either have their bodies and property damaged, or get killed as a result of your behaviour.”
Below Dembovsky broke down exactly which offences can see you arrested on the spot:
- Exceeding the speed limit by more than 30km/h in an urban area or more than 40km/h outside of an urban area or on a freeway;
- Leaving the scene of a crash in which you are involved without first stopping to check if injuries/damages to property or vehicles has occurred;
- Reckless or negligent driving;
- Driving under the influence of alcohol or a drug having a narcotic effect;
- Excessive overloading;
- Fraudulent licence/licence disc, or any other document or number plates – as well as number plates which are completely absent.
He added that, unlike other traffic offences, there is no way to contest these fines without being arrested, and that these are serious criminal offences.
“You get arrested, charged, processed and must appear in court,” he said.
Stopping for the police
The other major question raised by our reader, is the correct protocol to follow when pulled over in an isolated area.
He noted that he had previously been told by other people to tell the officer to follow him to a more public area – such as a police station.
However, Dembovsky said that when you have been pulled over ‘you don’t call the tune to traffic officers or police’.
“The best thing to do is to cooperate with them fully – bearing in mind your constitutional rights,” he said.
These include:
- You must be treated with dignity and not be manhandled;
- You can refuse to make any statement (in other words, remain silent);
- You must be afforded access to a legal representative (lawyer) of your choosing; and
- All of your other rights enshrined in the Constitution, with specific focus onSection 35(3) of the Constitution (unfairly obtained evidence)