Know your rights at a roadblock

Before you think about evading traffic officers or a roadblock this festive season, keep in mind that Metro high pursuit cars are capable of reaching speeds up to 300km/h, warned Metro spokesperson, senior superintendent Parboo Sewpersad.

With frequent roadblocks and a zero tolerance approach to drinking and driving, the Courier interviewed Sewpersad to determine motorists’ rights at roadblocks.

Sewpersad warned motorists against posting roadblock warnings on social media, saying this equals defeating the ends of justice and one may be charged.

While an increase in driving under the influence cases has been noted compared to the pre-Covid-19 period, Sewpersad said more women drivers had been arrested for drunk driving than men.

But what are your rights at a roadblock?

“If you feel your rights are being violated, remain calm and insist on being taken to the nearest police station. You may contact an independent witness and tell them where you are, and what had happened,” said Sewpersad.

He highlighted some other rights, such as:

• No traffic official may conduct a search of you or your car without a warrant, except under extraordinary circumstances when it is believed you have broken the law.

• Female drivers can only be searched by a female traffic officer. Male officers are not allowed to conduct searches on women.

• Filming and taking photos with a device is allowed, and this footage and device may not be confiscated or damaged. An officer is not allowed to instruct you to erase any footage.

• If a roadblock is being conducted by someone not in uniform or in a marked vehicle, signal the official to follow you to your nearest police station. Do not pull over.

• You are obliged to comply if asked to take a breathalyser test. If you resist, this could lead to your arrest. Under certain conditions, Sewpersad said, officers may conduct a blood test on the spot. You have the right to request sterilised equipment that is opened in front of you.

• Should you be pulled over, have your ID or driver’s licence ready. Should you be arrested, an officer is required by law to read you your rights and charges, and has to take you directly to the nearest police station for processing. An officer may not keep you detained in a car while conducting other police duties.

• An officer has the right to arrest you on the spot if there is a warrant out for your arrest, or if you have failed to appear in court after receiving a summons for an unpaid traffic violation.

• An officer is allowed to remove your licence disc and prevent you from driving your car if it is deemed to be unroadworthy.

• Should you feel your rights are violated, you are allowed to insist on the officer providing you with the name and surname, badge number and other details like their car registration number.