Roadblock Rights

I thought traffic officers had their smiles removed when they joined the force? These are obviously still in training…

 

Authorities at a roadblock are required to follow correct legal procedures. Below are some guidelines about motorists’ rights and roadblock laws:

  • A warrant with the details of the outstanding traffic ticket must be provided before any motorist can be arrested at a traffic roadblock. An electronic warrant is acceptable, provided the information comes from an authorised official and includes adequate details.

 • You have the right to request a copy of the warrant at a roadblock, and if none is provided, an arrest would be illegal.

 • If you are arrested, you should be taken to a South African Police Services station as soon as possible.• It is illegal to hold arrested motorists in a police vehicle or similar detention area while the police officers at the roadblock continue with their duties.

 • You have the right to legal representation and a fair trial.

 • You have the right not to be compelled to make an admission of guilt.

 • A recent hoax email encouraged motorists to resist arrest at roadblocks, but the Law Society of SA advises drivers to instead pay their outstanding fines and then tackle the legal matters.

 • Any threats or request for a bribe from a police officer at a roadblock are illegal. Similarly, it is illegal for you to threaten an officer or offer them a bribe.

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