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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-03-22
Following on last week's article on rules relating to speeding cameras, this week we take a look at the rights of a motorist in relation to warrants of arrest for unpaid traffic fines. If you find yourself in that unfortunate situation the following information should prove useful.

Firstly you have a right to (and you should) demand from the police, to produce to you, the original (or copy) of the actual warrant of arrest. Incidentally the warrant of arrest is not for failing to pay the fine, but for contempt of court i.e. for failing to appear at court. In the absence of producing an original or copy of the warrant, the police will not be allowed to arrest you.

If they try to do so, that arrest will be unlawful. Adv. Don Smart, author of Guide to Motor Law (SA), sets out what a motorist's legal rights are relating to unlawful arrest or detention for traffic fines.

Some of his tips include the following:
You have the right to be fully informed of the reasons for your arrest. You must also be informed of your constitutional rights when arrested and detained. If the traffic officials detained you in a traffic vehicle, bus, office or similar place of detention while they carried on with other duties or arrests, then the detention will also be unlawful.

The law requires that arrested persons must be brought to the place stipulated in the warrant or the police station as soon as possible after the arrest. In the majority of cases the arrested persons are not taken to the designated place but to the traffic offices or ATM to pay the fines or directly to the traffic court.

The effect of an arrest is that the person arrested is in unlawful custody and the person must be detained until lawfully discharged. In traffic matters a summons cannot be posted. After you have been arrested you should consult an attorney as soon as possible.

There are prescriptions periods that will apply to your claim against the Traffic Police. Know your rights! Email fawzia@thelawdesk.co.za or call 031- 5025670 for any legal queries.