Be aware of your legal rights in roadside arrests

IN LIGHT of the current spate of random roadblocks by metro police, all road users are advised to bone up on their rights in the event of roadside arrests for outstanding traffic fines. According to the Southern African Vehicle Renting and Leasing Association (Savrala), traffic police are arresting transgressors on the spot. The Law Society of South Africa has appointed a group of attorneys to deal with what it describes as a flagrant transgression of the law. Arrests can only be made if: • They have the original warrant for your arrest there with them. A copy isn't good enough, saying it's at the station isn't good enough either. They have to show it to you there and then (if they have it, check plan "b"). • They have to prove that you received the summons in person. It either has to be delivered to you in person or you have to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either). • If you do get stopped and they want to arrest you, demand to see the warrant and proof you received the summons (i.e. your own signature on the document when delivered to you). • If they don't have it, the arrest is illegal. Refuse to go. If they still arrest you inform them there and then you will press charges against them for illegal arrest (record everything that is said to you, as well as the chronological procedure of events in detail). These details may well stand you in good stead for a strong case. • Technically, if your arrest is illegal, if the police take possession of your car and drive it while you are in custody, this may also constitute theft. • When you are released, go to the SAPS immediately and lay a charge against the arresting law body and relevant official.