Roadblock incident highlights need for awareness of rights
After attending a gala event, a driver faced a troubling encounter at a JMPD roadblock which revealed potential misconduct and intimidation tactics.
A recent encounter at a roadblock, following a gala event, has sparked serious concerns regarding police conduct and the treatment of motorists in Johannesburg. Keshna Schoeman described a troubling experience that highlights potential issues with law enforcement practices during roadside checks.
After an event, Schoeman and her companions encountered a roadblock at the intersection of Herder Road and Beyers Naudé Drive. She noted that the roadblock was strategically placed, making it difficult for drivers to see until they were very close.
As they approached, officers directed them into a single lane, effectively closing off other routes. Upon reaching the checkpoint, Schoeman was asked to blow into an alcohol detector, which she described as old and unsealed.
Having rinsed her mouth with alcohol to alleviate pain from an abscess, the device indicated the presence of alcohol.
“I explained my situation, but the officer accused me of lying,” she recounted. The situation escalated when a female officer, claiming to be a brigadier, threatened Schoeman with severe consequences, including a spot fine, vehicle impoundment, and potential jail time.
“I know for a fact that there is no spot fine. You pay bail the next morning,” Schoeman asserted, remaining calm and insisting on following proper procedures. As the incident continued, the brigadier suggested that Schoeman could avoid penalties by buying coffee for the officers, which she recognised as an attempt at bribery.
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“I told her that is bribery, and I want their identification,” Schoeman stated. Despite her insistence on following the correct procedures, the officers pressured her to leave.
After the encounter, she learned that other attendees from the event had similar experiences, with one individual reportedly paying a spot fine out of fear and intimidation.
“This raises alarming questions about how many innocent motorists may have been coerced into compliance due to a lack of knowledge about their rights,” she said.
JMPD Superintendent Xolani Fihla confirmed that while spot fines are issued for traffic violations, motorists in Johannesburg are not obligated to pay them immediately at roadside checks, as the Administrative Adjudication of Road Traffic Offences (AARTO) system allows for contesting fines in court.
He emphasised the importance of understanding one’s rights during such interactions. Schoeman’s experience serves as a cautionary tale for motorists, highlighting the need for public awareness regarding legal rights during police encounters.
“If you do not know your rights, you are likely to fall for intimidation and incorrect information,” she warned.
Fihla concluded that the matter will be referred to the JMPD Internal Affairs Unit, however he did recommend that the complainant contact the unit as well.
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