Dubious actions by EMPD questioned

Eddie Martens writes by email: On Friday, March 13, my wife collected me from the airport and, while driving home, I was pulled over by some EMPD officers conducting random checks on passing motorists.

I was asked if I had had anything to drink.

I replied that I had had a beer in Gaborone, at about 4pm, but that was all.

The officer requested that I do a breathalyser test, to which I consented as I felt that I had nothing to hide.

He informed me what the limit was and that he would place me under arrest if I was over the limit.

I again consented to the test and blew into the device.

Much to my surprise I was then informed that I was over the limit.

I told the officer that I did not agree with his findings and would insist on a blood test.

He very quickly told me that I was not over the limit, but that if I was involved in a major accident he would be forced to place the readings that he had taken on the accident report and only a magistrate could then determine if I was under the influence of alcohol.

When I asked to see the readings I was told that they had been deleted and that I shouldn’t drink and drive.

I was then told that I was free to go.

This seemed to be a very suspicious stop.

The questions that I ask myself are the following:

There were a number of other vehicles pulled over at this stop and I wonder if any other motorists had a similar experience?

Editor’s note: Ekurhuleni Metropolitan Police Department spokesperson Chief Supt Wilfred Kgasago responded: “According to the complainant, the time that had elapsed between when he claimed to have taken a ‘beer’ and the time of being stopped was just over three hours.

“The big question is, what amount of beer did he take, this is not specified?

“Furthermore, was the complainant being wholly truthful by saying he had taken a ‘beer’ without specifying the quantity?

“On the other hand, the officer’s overall execution cannot be faulted other than probably erasing the reading quickly or refusing to let the driver view the reading.

“That the officer retracted the “you are over the limit” statement as soon as the complainant mentioned that he was prepared to go for a blood test is suspicious from the side of the officer, if that is fact.

“We have, on numerous occasions, implored motorists who feel aggrieved to jot down the registration of the patrol vehicle and anything that would facilitate our locating the officers involved.

“It has not happened in this complaint and, therefore, it would be difficult for proper investigations to be conducted as we always want the two parties involved to be interviewed in order to get to the bottom of the matter in a fair fashion.”

Kgasago agreed that the driver is entitled to be shown the readings, whether they be alcometer readings or speed readings.

As for the readings being deleted and the officer’s ”sudden change of heart”, Kgasago stated that the reasons cannot be determined, because “we have no officer to question in this regard.”

In response to the letter writer’s final question, Kgasago said: “What the driver states to the officer regarding the amounts taken is not necessarily the truth, precise facts can only be established via the examination of the driver using a properly calibrated alcometer.”

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