You know that friend who has all the tequila every time you go out?
The one who also, at the end of the night, stands swaying next to his car, insisting that you give him his keys back because “I’m thfine, I cin drife”.
Well, that guy could be facing a minimum of a week of jail time if he gets caught behind the wheel, thanks to the Road Traffic Management Corp (RTMC), who are pushing for tougher action against those arrested for drunk driving.
Here’s TimesLIVE:
In a proposal to the department of justice, the RTMC asks that driving under the influence (DUI), speeding and reckless or negligent driving be reclassified in terms of the Criminal Procedure Act.
The RTMC wants the department to change DUI from a schedule 2 to a schedule 5 offence, which would mean that motorists arrested for it would receive harsher treatment from the courts.
The proposal recommends that DUI suspects be treated in the same way as those accused of serious crimes such as rape, murder, theft and fraud.
That last paragraph has serious implications for how the bail process plays out.
At the moment, if you’re arrested for driving under the influence, you could be granted bail within hours of being taken into custody. Makhosini Msibi, CEO of the RTMC, claims that the current system isn’t working to curb drunk driving – the leading cause of road accidents and fatalities, especially during the holiday season.
“We have engaged the department of justice and continue to do so with a view to redefine the traffic offences,” he said.
“Currently, if we arrest you for drunk driving you can be granted bail in terms of section 59 of the Criminal Procedure Act, and the senior person at the police station can offer bail.
“But if we then escalate it to schedule 5 or schedule 6, it should be a formal bail application [in court].
The accused would also have to spend at least seven days in jail leading up to trial. The proposal has been in the works for a while, and discussions have reopened as to whether or not to implement it.
However, not everyone is convinced that the harsher measures will be effective.
Professor James Grant of the School of Law at Wits University said an umbrella approach would be futile, and that a better way to crack down on traffic offences would be to have more traffic officers on the roads and to strictly enforce the existing laws.
“The idea that you’re going to curb traffic offences and solve the problem by making it harder to get bail is preposterous,” he said.
Last year there were 14 750 recorded road accidents and multiple deaths due to drunk driving.
Of course, you can avoid all of this by using Uber on nights when you want to let loose. You can also get that friend an Uber instead of giving him his keys back.
Make good life choices, because no one wants to spend a week in jail for having fun.
[source:timeslive]
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