Know your rights when stopped at a roadblock
As we prepare for the busy roads this Easter, experts urge you to familiarise yourself with your legal rights if a traffic official stops you at a roadblock.
Road traffic officials are expecting an influx of motorists this Easter holiday. In addition to the busy roads, there’ll also be heightened law enforcement visibility, with more roadblocks and routine checks in place.
For many motorists, getting pulled over can be stressful, especially if you’re unsure of how to handle the situation or what your rights are.
You know the saying, "It just takes a few rotten eggs to spoil the batch?" Unfortunately, that applies to both motorists and officials.
Not every officer you encounter will be friendly or patient, and not every driver will be respectful or cooperative.
In a recent segment on Newzroom Afrika, experts urged motorists to understand and confidently exercise their legal rights during roadblocks.
Kirstie Haslam, partner at DSC Attorneys, says it’s always best to stay calm, respectful, and follow reasonable instructions if you’re pulled over by a traffic officer.
It’s standard for officials to check your vehicle for contraband or roadworthiness. If your car is found unroadworthy, they may impound it or allow you to drive home or to the nearest safe location to get it off the road.
When it comes to outstanding traffic fines, Haslam stresses that you are not legally required to pay traffic fines on the spot. If someone insists you do, it could be extortion. However, if there’s a valid arrest warrant for outstanding fines, you may be detained or given a court date – this must be at least 14 days away.
Some officers may try to pressure you into immediate payment, but that’s not legal and most likely an attempt at a bribe.
You also have the right to ask for proper ID if you're unsure whether an officer is legitimate. If they refuse to show it, you’re allowed to drive to the nearest police station to verify – this is not considered evading arrest.
READ MORE: eThekwini expecting ‘bumper’ Easter weekend
It's not unusual for motorists to feel disrespected by law enforcement, which can create tension. If you request identification from an official and they refuse, don’t argue. Cooperate, note down their details and vehicle registration, and report the incident to your nearest police station.
If the matter isn’t resolved at the police station, you can escalate it to the Independent Police Investigative Directorate (IPID), who handles police misconduct. IPID can also help if you believe you were wrongfully detained.
If you're stopped and asked if you've been drinking, you’re legally required to answer truthfully. If you are over the legal limit (0.05) on a breathalyser, a blood test must be done within two hours to be valid.
You may request that your own doctor does the blood test, provided they arrive within that two-hour window. You’re also entitled to check that sterile, non-expired equipment is used.
Remember, soliciting or accepting a bribe is illegal. If an official hints at it and you feel unsafe, prioritise your safety but do report the incident to the police or IPID as soon as possible.
As you head out this Easter, drive safely, stick to speed limits, and look out for others on the road.
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