WITH many traffic ‘pull overs’ expected on the roads over the festive season, criminal law attorney Yolanda Gielink offered reassuring advice on the controversial subject at the Meerensee Community Police Forum (CPF) public meeting on Thursday night.
Gielink said motorists should know their rights when handed a bill for unanticipated traffic fines.
‘According to the law, traffic authorities are not allowed to detain a motorist for outstanding fines without a warrant of arrest.
‘You should not feel you have no option but to settle your fines there and then.
‘Instead, politely ask the officers to issue you your summons in the post to address the matter in court.
‘If they do intimidate you, you may lay charges at the police station.’
However, Gielink asserted that the public should always treat officers of the law with respect.
‘Over the December holidays, there is a lot of drunken behaviour and assaults.
‘Should a member of the police want to arrest you, a friend or family member, do not under any circumstance resist arrest.
‘It is a serious offence and the matter should be addressed in court.’
If stopped at a roadblock you have the right to:
• Ask for the officer’s police certificate of appointment, which includes his or her photo, name, rank, force number and where stationed
• If these details are not given, you can ask to see the roadblock commander or most senior officer on the scene
• If you have any doubt about the authenticity of the roadblock, you can ask to be taken to the closest police station
• If the roadblock is legal, you have the right to ask what its purpose is, but the person is not compelled to tell you if the reason is classified.
• You must identify yourself as the driver of the vehicle and supply proof of your driving licence.
• You have the right to be treated with respect and have the right to get the details of an officer who has treated you unjustly
• You must co-operate with all reasonable instructions, but you can question your position should you feel that a violation of your constitutional rights
• You must at all times treat any officer with respect and the dignity attached to his rank and office.
