Know your rights
The traffic/metro police are doing random roadblock checks. They will also feed
your registration into a computer that will show up if you have any outstanding
fines. Know your rights.
If you get stopped for outstanding traffic fines - really important for all drivers:
The Jhb Metro Police, Cape Town Metro Police and other traffic cops have
recently developed the nasty habit of locking people up for unpaid fines. These
road blocks are typically only happening in and around more affluent areas where
their "hit rate" will be higher on traceable entities, with more "fixed" abodes when,
as we all know, primary daily offenders in their mini busses literally get away with
murder because the cops are too scared to root them out of the townships, or the
justice system has no means of putting them over a barrel like the majority of
"soft" citizens.
They can only arrest you if:
1. They have the original warrant for your arrest there with them. A copy
isn't good enough, saying it's at the station isn't good enough either. They
have to show it to you there and then (if they have it, check "2").
2. They have to prove that you received the summons in person. It either
had to be delivered to you in person or you had to collect a registered letter
from the post office (if they cannot prove you personally received the
relevant summons, the warrant of arrest is not legal either).
3. If you do get stopped and they want to arrest you, demand to see the
warrant and proof you received the summons (i.e. your own signature on
the document when delivered to you).
4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest
you inform them there and then you will press charges against them
for illegal arrest (record everything that is said to you, as well as the
chronological procedure of events in detail). These details may well stand
you in good stead for a strong case.
5. Technically, if your arrest is illegal, the taking possession of your car by
the police and its driving thereof while you are in custody may also
constitute theft.
6. When you are released, go to the SAPS immediately and lay a charge
against the arresting law body and relevant official.
*** MAKE SURE YOU CARRY YOUR DRIVER'S LICENCE WITH YOU!! ***
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