It doesn’t matter if I haven’t had a drop to drink, I always find roadblocks an uncomfortable experience. Sometimes it feels like being back in high school, although they do serve a vital function when it comes to making our roads a safer place.
To go one step further each of us should really know our legal rights when stopping, which is why we’ll give you the once over.
First up there are two types of roadblocks: informal, set up on the side of the road at random and K78, a ‘a provincially or nationally-approved roadblock’ where police can ‘legally search vehicles and even conduct full body searches if required’.
Here are some important things to remember from Wheels24:
Follow the directions of traffic officers
When approaching a roadblock, follow the police instructions or signals. Pull over and present your driver’s licence or ID book if requested. Remember to be respectful when addressing or responding to the officers on duty – while this may be an inconvenience for you, it’s their job to ask these questions in order to ensure yours and other road users’ safety.
You have the right to verify the roadblock
You have the right to verify the authenticity of the roadblock. You are entitled to request to see the written authorisation certificate signed by the National or Provincial Police Commissioner.
Know what police can and cannot arrest you for
You can only be arrested in certain instances. For example, if you resist a breathalyser test, the police have the right to detain you and have your blood tested or if your blood alcohol level is found to be over the legal limit of 0.05g per 100ml.
Police can also arrest you at a roadblock for unpaid fines but only if a warrant has been issued against you for those specific fines and the officers can present you with a valid copy of the document.
Gather as much evidence as you can
If you believe traffic officers are violating your rights or abusing their authority, gather as much evidence as you can. You have the right to know and write down both the officer’s badge number and the vehicle number (found on the side of their patrol car/bakkie). Phone 10111 to report the incident and make sure you identify the officer(s).
Uniformed officers have the right to stop any vehicle
An officer in uniform has the right to stop any motorist. Reasons may vary from routine checks, a traffic offence or to investigate possible stolen vehicles or suspicious drivers. Arrive Alive said: “The officer may thoroughly check your vehicle – inside and out – and may request personal information of all passenger.”
You have the right to verify the authenticity of the officer by requesting that they identify themselves (i.e badge number).
You have the right to film the police in SA
Filming events at a roadblock is not illegal and this is a great way of gathering information in the case of officers acting unlawfully.
You can be arrested for verbally abusing an officer
Arrive Alive: “You cannot be arrested for being rude. If however your rudeness escalates to verbally abusing an officer, you will be committing a crime in the form of criminen injuria – the intentional and unlawful infringement of the dignity of the officer. You could be arrested. An example would be the use of obscene and/or racially offensive language or gestures. If you obstruct the officer from performing his or her duties it will considered criminal.”
A word of advice I learnt from a friend – your chances of outrunning the cops are not very good, don’t even think about it.
Maybe take a taxi?
[source:wheels24]
[imagesource:africacheck]
