Legal advice if you are pulled over

All road users will sooner or later be pulled over by a traffic officer and keeping in mind that you are required by law to submit to their directions, it is imperative to know exactly what they are and are not permitted to do to you.

Appointment Certificate

You are permitted to ask the officer, regardless of whether in uniform or not, for evidence of identification. You may request to see their appointment certificate. The Criminal Procedure Act unmistakably expresses that an officer who can't or won't give an appointment certificate on request is infringing upon the Act and any steps that they take will be unlawful if the appointment certificate isn't presented.

• At any time, whether you are being issued a fine or being arrested, you have the right to ask to see the appointment certificate (card) of the peace officer who is fining or arresting you.
• Law enforcement officers must now be clearly identifiable : Section 3(A)(7) of National Road Traffic Act‘‘A traffic officer shall at all times when wearing a full or partial traffic officer’s uniform, display his or her official name tag above the right breast pocket of his or her uniform in such a manner that it is completely visible and easily legible.’’ Don’t get into an argument about this; merely politely ask to see their appointment certificate.
• Once you ask or demand to see this, the task is done and if they refuse to show it to you, they have committed an offence.Failure to provide this is a violation of section 334 of the Criminal Procedure Act.
• The offence that they have committed has, in terms of the CPA the effect of making everything that they do unlawful, including issuing you with a fine or summons or arresting you.Do not try and take this up at the time, note it and whom it was who refused to show it to you.

Arrest for outstanding fines

When stopped in a roadblock, police authorities routinely attempt to make the impression that you have no choice but to settle your fines there in the moment and may even threaten to arrest you. The truth of the matter is that they can't under any conditions arrest you for a unpaid traffic fine for which there is no warrant of capture. They may serve you with a summons to show up in court, as long as the court date is no less than 14 days in the future, Sundays and public holidays not included, however they may not force you to pay in the moment. On the off chance that a police officer wants to arrest you it is most advisable not to resist arrest.

Are you required to stop?

As indicated by the Automobile Association (AA), cops in uniform have the authority to stop vehicles on the road whenever and if required, you should give your name, address, or any other details concerning your identity. Further, the National Road Traffic Act empowers traffic officers to request your driver's license, which must be kept either in the vehicle or on the driver. If you have left the licence at home a police officer may give you an opportunity to present it to any police station within 7 days but cannot arrest you for the specific driving without a license offence.

Police officers allowed to search your vehicle?

The Constitution of the Republic of South Africa restricts discretionary search and seizure of your person, your property or belongings. On the off chance that you are stopped by law enforcement authorities they must have a legitimate conviction that you may have been associated with the commission of a wrongdoing and that a court order or search warrant be issued by a Magistrate or Judge on the off chance that they wish to search you or your vehicle as well as seize your belonging as stated in the Criminal Procedure Act. This applies to "random pull overs" where you are singled out by law enforcement experts. It doesn't apply to legitimately comprised roadblocks where search and seizure is in fact approved preceding the roadblock being set up.

Breathalyser Or Blood Tests

You can't decline a breathalyser or blood test. As indicated by Section 65 (9) of the National Road Traffic Act 93 of 1996, no individual will refuse that an specimen of blood, or breath, be taken of him or her. As indicated by the Justice Project of South Africa, in the event that you reject a breathalyser or blood test, to test your liquor levels while in the driver's seat, you can be held down while a needle is administered for a blood test. This can, however, just be after you have been arrested and a docket has been opened. You can likewise be indicted for declining to take a breathalyser or blood test.

On the off chance that your blood-liquor level is above the legal limit (0.05g/dl), you will be taken to a portable unit, clinic or doctor's facility for blood to be drawn. You have the right to demand the utilisation of clean, sterile equipment(opened before you) for taking blood. In the event that you don't trust these health standards are being met, you may decline to have blood taken until the point when the circumstances improve. You can likewise call your very own doctor, if they can arrive inside the two-hour limit; if the prosecution depends on the consequences of the blood tests to prove the case, these blood tests must be taken inside two hours of you being stopped.A cop should remain present when your blood is being taken.

Blood Alcohol Content (BAC)

Section 65(2) of the NRTA states that it is an offence to drive a vehicle or occupy the driver’s seat with the engine of a motor vehicle running while a sample of your blood is not:

• LESS THAN 0,05g/100ml of blood sampled if you are an ordinary driving licence holder; or
• LESS THAN 0,02g/100ml of blood sampled if you are the holder of a Professional Driving Permit (PrDP).

Breath Alcohol Content (BrAC)

Section 65(4) of the NRTA makes it an offence to drive a vehicle or occupy the driver’s seat with the engine of a motor vehicle running while a sample of your breath is not:

• LESS THAN 0,24mg/1000ml of breath sampled if you are an ordinary driving licence holder; or
• LESS THAN 0,10mg/1000ml of breath sampled if you are the holder of a Professional Driving Permit (PrDP)

You have the right to film the police

Filming events at a roadblock is not illegal and this is a great way of gathering information in the case of officers acting unlawfully. 

SAPS standing Order 156: 

? An officer cannot stop you from taking a photo or video.

? An officer cannot seize/damage your equipment. An officer cannot force you to delete footage.

If you are arrested

• You must be told your rights immediately.
• You must be taken directly to the nearest station.
• You have the right to appear in court within two days.
• You can apply for bail at the station, unless you are being held for a serious offence.
• You still have the right to be treated professionally and with respect for your human dignity.

What you can actually be arrested for

The JPSA provided a list of traffic offences that are criminal under the 2008 AARTO Regulations. These crimes can be summarised as follows.

1. Driving under the influence alcohol or drugs. This also applies if you occupy the driver’s seat while under the influence, and the engine is running.
2. Operating a vehicle recklessly.
3. Exceeding the speed limit by 40km/h or more. This applies to the general speed limit, and speed limits prescribed by signs.
4. It should be noted that the above traffic crimes are generalised summaries of 11 criminal offences listed in the AARTO regulations.

Demerit point and fines information

Mishae Ramouthar

Legal Adviser / Paralegal