[imagesource: RatedRadarDetector]
Flashing lights, maybe a little siren whir – we’ve all been there, that moment when you know you’ve been pinged for driving a little faster than you should have been.
As we near the end of National Transport Month it’s worth going over exactly what rights you have as a motorist when an officer pulls you over. That way you can both protect your interests and ensure you don’t land in more hot water than is necessary.
IOL have outlined a few tips so we’ll run through those, give them a careful read and maybe you’ll learn a handy lesson or two:
There are different types of AARTO [Administrative Adjudication of Road Traffic Offences] notices…If you get handed a Section 56 notice, you have 30 days to pay the fine. In the case of a Section 341 notice, however, you have about three months to pay the fine…
Warrants of arrest are never issued for outstanding fines – only for failing to appear in court after a summons has been served on you. In the same way, traffic officers are not allowed to force you to pay outstanding fines at road blocks…
When you’re pulled over, you have the right to see the officer’s appointment certificate or identity card; if the officer refuses, he’s contravening the Criminal Procedure Act. You also have the right to be treated with respect and dignity – but that cuts both ways; that right only lasts as long as you treat the officer with the same respect and dignity.
A male traffic officer may not physically search a female and vice versa. If that happens, report it immediately at the nearest police station. The South African Constitution prohibits any search or seizure of your vehicle. Even if an officer believes you’re committing a crime, he still needs to present a search warrant before he can search your vehicle.
…your first call should be to a lawyer, then to a family member. Keep it cool – anything you say or do can be used against you in court.
If you feel that you are too frightened to stop there is something you can do to avoid the wrath of the law, just be sure to follow these instructions very carefully:
Slow right down and turn on your hazard lights.
Extend your right arm out of the window, hand up and open, and wave it gently forwards and back to show the officers you want them to follow you to the nearest police station.
Drive at a steady 40km/h directly to the police station.
When you reach the police station, keep your engine running and your hazard lights on, and roll down your window so you can speak to the officer.
No one wants to be forking out on unnecessary fines ahead of the always expensive silly season months, so perhaps the best bit of advice is to avoid driving in a way that will attract unwanted attention.
Be safe out there guys and girls, and for heaven’s sake don’t get behind the wheel of a car after knocking back a few drinks. It just isn’t worth it, no matter what time of the year we find ourselves in.
[source:iol]
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