As law enforcement activities, including roadside checks and roadblocks, become more frequent in Johannesburg, it is vital for motorists to understand their rights during these encounters with police officers.
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JMPD Superintendent Xolani Fihla said awareness of these rights could help ensure fair treatment and protect individuals from potential abuses.
When pulled over by law enforcement, drivers should remember the following key rights:
- Right to Remain Silent: Individuals do not have to answer questions beyond identifying themselves through legal documentation.
- Right to Legal Representation: If detained or arrested, individuals can request legal representation.
- Right to Know the Reason for the Stop: Officers must inform drivers why they are being stopped.
- Right to Refuse Searches: Motorists can refuse a search at a roadside check unless the officer has probable cause or a warrant.
- Breathalyser Requirement: Drivers cannot refuse to take a breathalyser or blood test if suspected of driving under the influence of alcohol.
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Fihla said during a traffic stop, individuals must remain calm and polite while asserting their rights.
Drivers are advised to:
- Move safely to the side of the road.
- Keep hands visible, preferably on the steering wheel.
“They must allow the officer to approach and provide instructions and present necessary documentation when requested,” said Fihla.
In Johannesburg, while spot fines can be issued for traffic violations, motorists are not obligated to pay these fines immediately at roadside checks or roadblocks due to the implementation of the AARTO system, added Fihla.
He concluded by saying this system allowed drivers to contest fines through various representative options, including potential court appeals. “By understanding their rights and remaining composed during law enforcement interactions, individuals can navigate these situations more effectively and contribute to a safer environment on the roads.”
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