Imagine driving on your usual route in Paarl and being flagged down by a traffic officer performing a routine road block.
The traffic officers politely ask you to present your driving licence while they check your licence disk on the windscreen.
This is followed by prompting questions about past or recently-issued fines. Imagine the next moment – your being threatened with arrest when the officer informs you of a record of unpaid fines on your name.
According to the Automobile Association’s (AA) spokesperson, Layton Beard, such a scenario has not been reported in South Africa recently.
“However, the most important thing to note in such a scenario is that no law enforcement or traffic officer may arrest you without a warrant of arrest issued to your name,” he said.
This means any law enforcement officer should produce an original copy of a warrant of arrest issued by a magistrate.
How to deal with fines?
“Let’s say you have a traffic fine,” says, Beard, providing a hypothetical situation. “There is a standard time frame which gives you the opportunity to go to court and contest the fine that’s been issued to you. It is your responsibility to make contact with the relevant court or office as indicated on the fine (any contact details) and enquire about the way forward with outstanding fines.”
He says more often than not a court date is stipulated in an issued fine.
“Law enforcement may, however, arrest a motorist who has not appeared in court on a prescribed date. Such an arrest is only valid if a magistrate has issued a warrant for your arrest, in which case you will be charged for contempt of court, and not based on a traffic violation.”
Beard reiterates the arrest would be warranted for someone found guilty of not appearing in court for a prescribed date as issued in a fine or formal notice, for example.
The AA’s best ways to act: “In the AA’s view it is simply always best to cooperate with law enforcement in any situation involving arrest. Any outright refusal or disrespectful behaviour might only make matters worse.”
When facing the possibility of being arrested, the AA’s advice is to seek legal council or representation as soon as possible.
“I also want to add that most traffic officers in South Africa deserve respect for the tough job they face,” Beard said. “There is a nationwide staff shortage in these varying departments and it is tough to enforce road safety on such a great scale.”
It all boils down to the responsibility of every South African motorist.
“Respect the road rules, every sign and speed limit. If every person paid perfect attention to honouring the system and consider that there are reasons for road safety rules, chances are slim of encountering a problem at road blocks or parking ticket on your car window.”
