The festive season is upon us, and with it, parties, celebrations and fireworks. In this time of merrymaking, South Africans should be careful not to let their fun end in trouble with the law, says Chantel Cronje, Legal Advisor at Legal and Tax.
“With all of the temptations of the festive season, many people behave in ways that are irresponsible and illegal,” she adds. “It is important to know the laws of the country and the bylaws of your own city or town, and to enjoy yourself within in their limits.”
Drunk driving
Many South Africans get the unwanted gift of a criminal record during the festive season after being caught driving under the influence of alcohol. “Police step up roadblocks over the holiday season, so one’s chance of getting caught driving after a drink too many increase significantly,” says Cronje.
“But apart from that driving while under the influence of alcohol is dangerous and grossly irresponsible. Research indicates that 50% of people who die on our roads have a blood alcohol concentration above 0.05 gram per 100 millilitres. Drunk driving kills.”
Cronje says that the National Road Traffic Act forbids drivers from driving with a legal blood alcohol limit of more than 0.05 g per 100 ml or more than 0.24 mg in 1000 ml of breath. That means that drinking more than one unit of alcohol (roughly equivalent to one drink) in an hour will put you over the limit.
Cronje advises that the only way to be completely sure that you will not be over the limit is not to drink at all before you drive, alternatively one should make use of public or private company transport services. Penalties for drunk driving are stiff – it is regarded as a serious criminal offence. For a first offence, you could have your drivers’ licence suspended for six months, as well as be sentenced to a fine of up to R,2000 and/or a prison sentence of two years (normally suspended for first offenders).
Your rights if arrested for drunk driving
If you are suspected of driving drunk, you must allow the police to take a blood sample or a breathalyser test. You may be restrained to have the sample taken if you attempt to resist, says Cronje. The breathalyser reading or blood sample will be primary evidence against you when you appear before a magistrate.
You do, however, have the right to be treated with respect and dignity, even if your own behaviour isn’t dignified. You will be held in custody until you are able to post bail (in certain instances bail may be denied), which will normally be when you appear before a magistrate.
Fireworks
New Years’ Eve and Christmas normally see the skies lit up by fireworks, but many South Africans seem unaware of the laws that govern them, Cronje says. Breaking the laws and regulations around fireworks is a criminal offence.
Some points it is worth keeping in mind before you go crackers include:
- Fireworks may be exploded on private property only.
- Most fireworks are prohibited: fireworks larger than 25mm x 4mm, anything incorporating uncontrolled flight, Roman candles, any firework not made with ‘black powder’, anything that ‘makes a bang’.
- Some municipalities have banned fireworks. Others may grant permission for fireworks to be exploded in certain areas.
- Fireworks may not be sold to children under 16 years of age.
- It is an offence to allow children under 16 to handle or use fireworks without adult supervision.
- Public displays of fireworks require the written permission of the Chief Inspector of Explosives.
For any legal advice or for more information on Legal & Tax, visit https://www.legalandtax.co.za, call 0860 LTS LTS (587 587) or email info@legalandtax.co.za. Follow us @LegalandTax on Twitter or join us on Facebook to keep up with Legal & Tax news and views.
