CONFUSION reigns among motorists about the legality of threatened arrest by roadblock traffic officials if drivers have unpaid fines. During the festive period roadblocks will no doubt increase and not many motorists actually know their rights or whether they can be arrested for outstanding fines. When you are stopped, ask for the officer’s identification details. The Criminal Procedure Act is very clear in stating that an officer who cannot or will not provide an appointment certificate on demand is in violation of the Act and that any actions that he or she takes will be unlawful. In terms of the National Road Traffic Act, a traffic officer does have the authority to demand your driver’s license, which by law must be kept on the driver’s person or in the vehicle. An officer may order that a vehicle considered un-roadworthy be taken off the road immediately, and they are empowered to remove the licence disc from the windscreen. Outstanding fines If you are stopped at a roadblock and informed that there are outstanding fines that you are liable for, then remember these points: Police officials conducting a roadblock may only legally arrest you for an unpaid traffic fine if a valid warrant of arrest has been issued against you. A warrant of arrest is normally issued if you have failed to appear in court following the issuing and service of a summons against you. In terms of Section 39 of the Criminal Procedure Act you have the right to be informed of the reason of your arrest and the right to demand a copy of the warrant of arrest at the roadblock. There is no legal provision that you have the right to receive the original warrant, as has been suggested by various sources. The police will thereafter have the right to detain you in custody until you are lawfully discharged. Should you demand to receive a copy of the warrant and fail to receive it, but are still unlawfully detained or arrested, you will have the right to bring civil action against the police where you may seek compensation for an unlawful arrest or detention. If a law enforcement official wants to arrest you, you may not resist arrest in any way. zululandobserver.co.za/16860/motorists-rights-at-roadblocks/
Posted on: Mon, 02 Dec 2013 07:33:27 +0000
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