MyPE

Community Business Directory, Event Listings, News and Views from Gqeberha, Nelson Mandela Bay

Know Your Rights at a Roadblock

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We at MyPE just know that you will not drive in such a manner that you will be pulled over in a Roadblock and made to blow so this is for you to tell other people whom you suspect of being that type of person who takes a risk and drinks more than their share of Fanta Browns. Share this article with those you think need a reminder and, when they come to read it, the realisation will dawn that you think they have a problem!

The festive season is fast approaching and while many people are looking forward to the end of year parties, law enforcement agencies also make it a priority to increase their visibility on the roads.

According to the Ministry of Transport, there were 845 roadblocks across the country over the 2014 festive season, and it can be easy for people to find themselves unintentionally on the wrong side of the law.

FNB’s Law on Call makes your legal affairs a priority all year round and encourages clients and the general public to know their rights this festive season. Head of FNB’s Law on Call – Tertius Bossert gives the following tips on your rights when you get stopped at a roadblock.

Getting 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,” says 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:

“If the officer arrests you; he 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. The FNB Law on Call Contact Centre is available 24/7; should you find yourself in this predicament they will try to arrange bail telephonically for you, this is provided that ‘after hours’ bail can be granted for the offence that you have been arrested for.

If ‘after-hours’ bail is not granted to you, you have the right to be brought before a court within 48 hours of your detention.

Bossert also suggests that you take some time to familiarise yourself with the laws of the country and the bylaws of your own city or town, especially regarding drinking and driving, unpaid speeding or traffic fines and even smaller matters like the use of fireworks in your community, and ensure that you enjoy yourself within the limits of these laws.

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.