With the long weekend coming up, a lot of South Africans are gearing up for a long weekend and having fun with friends and family. If you are planning to spend some time on the road this long weekend, or at any other time of the year, here are 5 things you need to know when you get pulled over in a roadblock.
5 things you need to know when you get pulled over in a roadblock
1. Do I have to stop if get pulled over in a roadblock?
Yes. According to the AA, a UNIFORMED police officer has the right to stop any vehicle at any time. When you are stopped, treat the police officer with respect, be polite and provide your full name. If the police officers ask for any other particulars regarding your identity, provide that too.
If you disrespect the officer and are making it difficult for the officer to do his or her job (racial slurs, swearing, intimidating, ect) you could land in hot water.
Your driver’s licence must be kept on the driver’s person or within the vehicle, according to the National Road Traffic Act. If you are pulled over in a roadblock, show your driver’s licence to the officer immediately.
2. Can I ask the officer for identification?
Yes. The Criminal Procedure Act states that an officer who cannot, or refuses to, provide an appointment certificate on demand, is in violation of the Act and any actions taken by the officer will then be unlawful.
Even if the officer is not in uniform, you may request to see their identification.
3. Can the officer search my vehicle?
The Constitution of the Republic of South Africa forbids random search and seizure of your person, your property or possessions.
If you are stopped by an officer, they must have a valid belief that you may have been involved in a crime and a search warrant issued by a Magistrate or a Judge is required should they want to search your vehicle or take possession of your property.
This does not apply to roadblocks where search and seizure are authorised prior to the roadblock being set up.
4. Can they arrest me for outstanding traffic fines?
Only if there is a warrant out for your arrest, can a traffic officer arrest you for an outstanding traffic fine. You can be served with a summons to appear in court for an outstanding traffic fine, provided that the court date is at least 14 working days from the date of issuing.
If the officer wants to arrest you, you cannot resist arrest in any way. It is important to obey the officer at all times.
If your vehicle is unroadworthy, you can be stopped at any time and the officers can refuse you to drive the car any further. In some cases, you might be allowed to drive your vehicle to your destination, if the destination is a short distance away.
Image by Arrive Alive
5. Can I refuse a breathalyser or blood test?
No. “No person shall refuse that a specimen of blood, or a specimen of breath, be taken of him or her.” Section 65 (9) of the NRTA
Remember, an officer can arrest you if you refuse to take a breathalyser test. If you refuse, you can be arrested, detained and have a blood test done. You can also be arrested if your blood alcohol limit is over 0.05g per 100ml.
If you believe that you have been unlawfully arrested, and you need legal assistance, contact Cavanagh & Richards Attorneys in Gauteng. We are specialised criminal law attorneys and we can help you. We have offices in Centurion, Randburg and Witbank!
All images from Arrive Alive
Must an officer have a certificate that says he is allowed to pull u over at a certain place. Eg road block
Hi Arrive Alive
I trust you are well.
This is what happened to me yesterday.
Dear Mr Moodley
I trust you are well.
I would like to bring an incident to your attention which occurred today at approximately 11:10am while I was stationary at a traffic light on Winnie Mandela Drive.
A SAPS vehicle stopped alongside me and an officer asked whether I was alright. I responded that I was. I was then instructed to pull over. When I asked for the reason, I was requested to produce my driver’s licence and was subsequently instructed to step out of my vehicle as the officers indicated that they intended to conduct a search.
I queried the basis for this request and was informed that they are required to stop and search ten random vehicles per day as part of their duties. I indicated that this was not an official roadblock and that I was not aware of any lawful grounds for a search. Despite this, my vehicle was searched. I was also instructed to empty my pockets and a body search was conducted without my consent.
I subsequently took photographs of the SAPS vehicle registration and the document on which my details and ID number were recorded. Notably, the form appeared incomplete and did not reflect full or accurate information.
At no point was my voluntary consent requested or given, nor was I informed of my right to refuse consent. When I asked whether a warrant had been obtained, I was advised by the officer that obtaining one would take hours.
As you will appreciate, searches conducted without consent or a warrant generally require reasonable suspicion based on objective grounds.
I would appreciate your guidance on this matter and confirmation that it will be reviewed in line with SAPS procedures and applicable legal standards.
I reserve my rights in this regard.
Best Regards,
Gaven Sinclair.
082 089 2751