Motorists: Know your roadside arrest rights
Make sure you always have your driver's licence with you.
ROADSIDE arrests for outstanding fines seem have become very common.
It is important to know your rights during random roadblock checks in case you are stopped by a traffic officer.
According to the South African Vehicle Renting and Leasing Association (SAVRALA) you cannot be arrested unless the traffic officers have the original warrants of arrest with them, and a copy is not good enough.
It is the traffic officer’s duty to prove that you have actually received the summons, either delivered to you in person or collected by means of a registered letter from the post office.
If they cannot prove that you personally received the relevant summons, the warrant of arrest is not legal. You can refuse arrest, if they arrest you by force you can open a case of illegal arrest. It is important to make a recording of what is said as the details may assist you in court.
If your arrest is illegal, taking possession of your car by the traffic officer can be considered theft.
“What is said by SAVRALA has substance in terms of the legal procedures, but again our law enforcement section is mindful of these procedures as they are not new,” said Hibiscus Coast Municipality spokesman Simon April.
“HCM law enforcement officials only arrest people for traffic violations when a warrant of arrest is issued by court to serve and when a transgression does not have an admission of guilt,” he said.
