Traffic Fine Arrests and Your Rights
As the Metro Police continue to clamp down on unpaid traffic fines around the country, arrests of motorists are on the increase. In Gauteng alone, R3 million in unpaid fines is outstanding and 145 people were arrested over the weekend of 16/17 July 2005. The arrests are causing significant debate about whether or not this practice is legal. Emails to this effect are circulating, warning motorists that they cannot be arrested unless the arresting officer produces a warrant for their arrest.
Fabian Angiers , General Manager of Dial Direct Insurance, explains that, in order for the police to arrest you legally, they have to have proof that a warrant for your arrest was issued. By law, the original document or a copy thereof is required. However, modern technology ensures that the Metro police can have access to the warrant. He says, “The Metro police manning the roadblocks have been issued with laptops and cellphones, enabling them to check immediately, there and then, if you have any outstanding fines. It also allows them to draw up your warrant for arrest, which provides indisputable proof that you are in contempt of court. However, they also have to prove that you received the original summons in person, or that someone who lives or works with you, and who is over the age of 16, received it on your behalf. If they cannot do this, they cannot arrest you.
“If you do get stopped and they want to arrest you, demand to see the warrant and the proof that the summons was properly served, as mentioned above. If they don't have it, they cannot legally arrest you. You would be within your legal rights to press charges against them for illegal arrest. If they can prove it and proceed with arresting you, you will be detained and taken to the nearest police station, where you will be required to pay both your traffic and a contempt of court fine.”
While many motorists may react to these roadblocks with anger and impatience, it is important to realise that they are not only in place to check for unpaid traffic fines, but also to apprehend criminals: Stolen cars and unlicensed drivers are often discovered during these processes.
Angiers concludes, “To steer clear of an extremely unpleasant experience, pay any fines you have immediately, to avoid arrest. There is a possibility that you may not actually receive your fine, but this does not mean that you are not liable for payment. To check if you have any outstanding fines that you are not aware of, phone your nearest traffic department, who will check against your registration and ID number. You can now pay fines via some ATMs or telephonically via credit card – a very quick, easy procedure. That means there are no excuses for not having time to go and pay your fines! Paying your fines also means that you are being a responsible citizen and contributing to creating a law-abiding society.”
Dial Direct Insurance offers short-term insurance direct to the consumer, with super-low premiums, super rewards and super service. For more information on Dial Direct Insurance, visit www.dialdirectsa.com . For more information on your tax return, visit www.sars.co.za .