+27 12 940 1947
Lytteltown Office Park, Building H, Shelanti Avenue, Die Hoewes
+27 10 597 7810
Unit 4, Waterfront Office Park, West Ave, Ferndale, Johannesburg, 2194
+27 10 447 3676
5 Neven Street, Modelpark, Emalahleni
+27 10 597 6652
37 Walter Sisulu Street, Middelburg, Mpumalanga
Cape Town
+27 10 449 9756
8 Kloof Street, Gardens, Cape Town
Pretoria East
+27 12 819 7901
379 Queen Crescent, Lynnwood, Pretoria, 0081

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.

5 things you need to know when you get pulled over in a roadblock

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.

Image by Arrive Alive

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

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Posts

What is commercial law? A South African perspective

Commercial law, also known as business law or corporate law, is a branch of law that deals with legal matters related to businesses and commercial transactions. It encompasses a wide range of legal issues that arise in the conduct of business activities. Commercial law governs the rights, obligations, and interactions between individuals and entities engaged […]

Read More
What is labour law? A South African perspective

Labour law, also known as employment law or labor law, is a branch of law that deals with the rights, obligations, and regulations governing the relationship between employers and employees in the workplace. It is designed to protect the interests of both employers and employees and to ensure fair and equitable treatment in the workplace. […]

Read More
What is family law? A South African perspective

Family law is a legal practice area that deals with legal matters related to family relationships, domestic issues, and personal matters involving individuals and their families. It encompasses a wide range of legal issues that arise within families and domestic partnerships. Family law aims to address and resolve these issues while safeguarding the well-being and […]

Read More
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram