Know your rights in a road block

The Witness - Wheels - - MOTORING -

JOHANNESBURG — The Min­istry of Trans­port said there were 845 road­blocks across the coun­try dur­ing De­cem­ber last year and warned it can be easy for peo­ple to find them­selves un­in­ten­tion­ally on the wrong side of the law.

Head of FNB’s Law on Call Tertius Bossert gave the fol­low­ing tips on your rights when you get stopped at a road­block.

“When you are stopped at a road­block, the law en­force­ment of­fi­cer will ask you for your per­sonal de­tails, of th­ese you are obliged to give your name and ad­dress. Sim­i­larly, you are en­ti­tled to ask an of­fi­cer for proof of iden­tity,” said Bossert.

You may not be ar­rested for any out­stand­ing traf­fic fines, if there is no war­rant of ar­rest for the fines. How­ever, if you have given the of­fi­cer cause to ar­rest you, it is not ad­vis­able to re­sist ar­rest.

“If you are ar­rested, the ar­rest­ing of­fi­cer is re­quired to read you your rights im­me­di­ately, and he must take you di­rectly to a po­lice sta­tion, nowhere else,” ex­plains Bossert.

De­pend­ing on what you are ar­rested for, you will have the right to ap­ply for bail at the po­lice sta­tion. Get­ting your­self out of a po­lice sta­tion is not a com­pli­cated process, how­ever, qual­ity le­gal ad­vice can go a long way in en­sur­ing you’re never alone when an un­ex­pected le­gal mat­ter arises.


Get a des­ig­nated sober driver if you plan to drink.

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