Travelling this Easter? Know your rights when stopped at a roadblock

With the Easter weekend upon us, increased traffic volumes can be expected.

Last year the same period saw more than 180 crashes and more than 200 accidents with fatalities.  Increased police visibility and roadblocks should be expected, but what are your rights when stopped at a roadblock? Legal expert Kirstie Haslam gave advice:

What to expect at a roadblock

Under section 13(8) of the SAPS Act, police and traffic officers in uniform are authorised to stop vehicles at properly sanctioned roadblocks. Motorists must present a valid driver’s licence and provide identification details if requested.

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

“If detained or arrested, you have the right to legal representation and should not be questioned without your lawyer present if one is requested,” said Haslam.

Your roadblock survival checklist 

• Pull over safely when signalled.
• Stay calm and respectful. Comply with instructions and avoid confrontation.
• Sign fines or infringement notices calmly — roadside arguments only escalate the situation.
• Never offer a bribe. Bribery is a criminal offence.
• Know your rights. Awareness of legal boundaries can prevent potential abuses of power.
• Check your vehicle. Ensure roadworthiness and that your licence and registration are up to date.

What if your vehicle is deemed unroadworthy?

If an officer finds your vehicle unroadworthy, they can:

• instruct you to drive only to your destination or a short distance;
• remove the licence disc; or
• prohibit further driving of the vehicle.

Outstanding fines: can you be arrested?

Haslam clarified a common misconception: “You cannot be forced to pay fines on the spot — that’s extortion.”

Arrest is only lawful if a valid warrant is shown. If no warrant exists, officers may issue a summons, with a court date at least 14 days away (excluding Sundays and public holidays).

“If a warrant is presented, you may be detained until payment is made,” she said. “If not, request to call your attorney immediately.”

Drunk driving: know the procedure

If suspected of drinking and driving:

• answer honestly if asked whether you’ve been drinking — lying may count against you;
• you cannot refuse a breathalyser test without reasonable cause; and
• if over the legal limit (0.05g/dl), you’ll be taken for a blood test.

Haslam suggested to ensure sterile equipment is used in front of you. You may call your own doctor if they can arrive in time. “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.

“If arrested, you must be informed of your rights immediately and detained at the nearest police station and you must be brought to court within 48 hours and can apply for bail unless the charge is serious.”

Unlawful arrests and police misconduct

If you experience wrongful detention or excessive force you may have grounds for a personal injury claim against the SAPS or municipal police. To pursue a claim:

• act quickly due to legal time limits;
• collect evidence: officers’ names, witness details, medical reports and photographs of injuries; and
• engage a reputable personal injury lawyer, as claims against the state can be complex.

By staying informed, calm and co-operative, motorists can help ensure safer roads and protect their rights this Easter, said Haslam.