Can you be arrested for fines at a roadblock?

2019-08-14 06:00
Arthur Koorts

Arthur Koorts

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Question:

On my way to my holiday destination, the traffic police had set up a big roadblock where they appeared to be arresting people.

I asked one of the traffic officers what was going on, and he said they were arresting people for outstanding traffic fines.

I pay my fines, but I was still wondering what would happen if you were to get arrested at such a roadblock. What should you do?

Answer:

Firstly, it must be understood that you can be arrested for outstanding traffic fines.

Importantly though, this can only happen where the fine was either personally handed to you or where a summons was properly served on you in relation to a fine.

An example of this would be a camera fine for speeding which was not paid in the prescribed time.

Only these documents will have a court date on them before which this payment of the fine must be made.

Should you choose not to settle the fine, representations can be made to the prosecutor of the relevant court, or you can attend this court before which you will have to state your case.

However, if you neglect or choose not to exercise any of the above-mentioned options, your case will be called on the due date.

Because of your absence, a warrant for your arrest may be authorised or issued by the magistrate.

The execution thereof will become a possibility no less than 14 days after summons to appear in court has been served.

Such a warrant is just as serious as a warrant of arrest for any other crime.

Technically, at this point, you are fair game to be arrested anywhere.

The main purpose of the warrant is not to secure payment of the fine, but rather to bring you before the appropriate court.

It may happen that these warrants are executed when you are stopped at a roadblock.

Should you be pulled over at a roadblock and made aware that you are placed under arrest on strength of such a warrant, you have the right to request to see the warrant.

But take note – if the system indicates that you have a warrant and you request to see it, the officer in turn has the right to detain you for a reasonable period whilst obtaining the original document before continuing with the arrest.

As with any arrest, you must be made aware of your rights verbally at the time of the arrest, and you must sign a document listing these rights upon being detained at the police station.

The arresting officer must be clearly identifiable in full uniform and be able to provide you with his appointment certificate upon your request.

If your rights are infringed upon at any stage of these proceedings, it is highly advisable not to be aggressive.

At this point, it is advisable to inform your attorney that you were arrested and where you will be taken and if any rights where in fact infringed.

Although practices may vary from province to province, generally you will either be taken directly to court (if the time of day permits this), or to the police station nearest to the roadblock.

Here you will be given the option to either pay an admission of guilt fine and be released, or you can elect to be brought before the relevant court indicated on the relevant summons.

If you elect not to pay, it must be noted that you will be detained until you can be brought before the relevant court.

Therefore, if the roadblock is outside Bloemfontein and the warrant for your arrest was issued in Colesberg, you will be taken there and detained until your appearance before that court.

– Arthur Koorts, candidate attorney, Phatshoane Henney Attorneys

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