What to do when pulled over at a roadblock in South Africa

Kirstie Haslam, a partner at DSC Attorneys, has highlighted pitfalls and recommendations when being pulled over at a roadblock, given the intensified traffic enforcement during the Easter season.

Haslam said motorists must present their driving licences to police and traffic officers when pulled over.

Authorities may search vehicles and individuals without a warrant and confiscate any illegal goods found.

Haslam notes that drivers must ensure the roadworthiness of their vehicles and that their licence and registration are up to date.

She warned that if a vehicle is found to be unroadworthy, officers can instruct the driver to only drive to their destination or a short distance, remove a vehicle’s licence disk, or prohibit further driving of the vehicle.

Regarding outstanding fines, Haslam said it is a misconception that drivers can be forced to pay fines on the spot. This would be considered extortion, she said.

She said drivers can’t be arrested for outstanding fines unless officers have a valid warrant. If there is no warrant, officers can issue a court summons.

“If a warrant is presented, you may be detained until payment is made,” Haslam says.

Drivers who are pulled over and suspected of drunk driving cannot refuse a breathalyser test without a reasonable cause and must answer honestly if they have been drinking.

If drivers are found to be over the legal limit of 0.5g/dl, they will be required to take a blood test.

“Blood must be drawn within two hours of being stopped; expired test kits invalidate results, and a police officer must be present when your blood is taken,” Haslam says.

Drivers should ensure that sterile equipment is being used and may contact their personal doctor to perform the test if they can arrive on time.

“If arrested, you must be informed of your rights immediately and detained at the nearest police station,” she explained.

“You must be brought to court within 48 hours and can apply for bail unless the charge is serious.”

Haslam said drivers must be aware that unlawful arrests and police brutality are of concern and that they may have grounds for a personal injury claim against the South African Police Service if they experience wrongful detention or excessive force.

If drivers want to pursue a claim, she encourages them to collect evidence, such as the officers’ names, witness details, medical reports, and photographs of injuries. Drivers should act quickly due to legal time limits.

Haslam encouraged victims to engage a reputable personal injury lawyer, as claims against the state can be complex.