Anybody who knows me will know that I am passionate about my country and her people. I do everything I can to promote and support local products and businesses. And I believe the best about people. I was brought up to respect all people especially people in uniform. I was also taught that people in uniform are in the service of the community and can be trusted. Call me naïve but I still believe that. I want to believe that. Perhaps that is what make the events of Tuesday evening so traumatic.
We had had a lovely meal and one small glass of wine (you know those small round glasses with the leaf engraving) and I was dropping our babysitter off in Hatfield when an officer in uniform pulled me over. I was driving down Jan Shoba street and was right next to Hillcrest swimming pool. He was very polite and after checking my and the vehicle’s licence asked me whether I had had anything to drink, which I answered truthfully. He informed me that I would have to do a Breathalyser test. I was happy to comply. His colleague joined us and instructed me to blow onto a device. It was so dark that I did not know in which direction to blow at the device, that looked very much like a cell phone. After blowing three times in the general direction of the cell phone-looking device the officer informed me that I was over the legal limit and that I was under arrest. A light panic settled in my chest as I listening to him mumble the words: ‘You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer…’ I felt like I was in a movie. This couldn’t be happening to me. He informed me that I needed to either give him my car keys or get someone to come and take my car, as they would be taking me to Brooklyn Police Station to do the paperwork, after which I will be taken to Tshwane District hospital to draw blood and then I would be placed in the holding cells at Brooklyn Police Station until next morning. I phoned my husband to come and fetch the car. And as my husband struggled to find someone to take care of our sleeping toddler at 21:30 the officers started pressuring me to hand over my car keys. At first, I stood firm, but eventually I handed the one officer the key. And he proceeded to inform me that they would be taking me to Sunnyside Police Station. The next hour was filled with a great deal of intimidation, uncertainty and what felt like an eternity locked in the back of a police van. Only after being in the police van for some time, I started wondering whether these officers, and this process, was legitimate. I remember the sinking feeling when I realized that they were not taking me into the police station or to the hospital, and that they possibly wanted a bribe. And then the next realization came – if a bribe is what they want, I definitely would be spending the night in a cell, because I refuse to pay a bribe. I am still not sure why they let me go, perhaps it was all the pleading or perhaps they realized that we were not going to offer a bribe and they were wasting their time, but after a little more than an hour they informed me that I was free to go.
Thinking back at the incident I wish I was more prepared. I wish I knew more about the correct procedure and my rights in that situation. I am writing this in the hope that it might help someone in the future.
What you need to know that I didn’t know
It seems inevitable that most Pretoria East residents will be stopped by a few officers or in a roadblock some or other time, and like me probably have no idea what to expect when pulled over. If I learnt one thing from my experience it is how important it is to know our rights and what the legal procedure is. According to a few attorneys I spoked to this is the legal and legitimate process that should be followed.
Before dealing with the process, it is important to note that “driving under the influence of alcohol” is an offence with two components namely of the legal limit of blood alcohol in your system, and reckless and/or negligent driving (referred to commonly as ‘reck and neck’). In reference to the contravention of the blood alcohol limit – this is determined by the blood test results. In reference to the reck and neck, this is determined by your actual driving (whether you skipped a traffic light or were swerving for example). Unfortunately, however, whether you are guilty or not has got nothing to do with the decision to arrest. That is determined by whether there are reasonable grounds to believe that you may be committing a crime.
This is what you can expect when pulled over and suspected of driving under the influence of alcohol
- The Officer will ask you whether you have been drinking. I think honesty is the best policy, but many people differ from me. But take note – if you answer that you have had a drink, you have tendered evidence which creates cause for your arrest. It is now reasonably possible that you have a blood alcohol level above the legal parameter and/or alternatively driving negligently and/or recklessly. Therefore, on that alone, you may be arrested, and your blood may be drawn to confirm whether or not the alcohol level in your blood is illegal.
- If the officer chooses to breathalyse you (which in my case was technically not necessary because of the evidence, I tendered by answering yes. The breathalysers used at this stage in Pretoria specifically, is only an indication of the presence of the alcohol – and is used solely to determine whether there may be cause to have you arrested. The result of the breathalyser does not feature in the guilty or not guilty finding in Pretoria. The guilt is determined by the results of the blood which was drawn. An officer may elect to have a breathalyser test to ensure the arrest is based on reasonable grounds), you will be taken from your vehicle to a location nearby where all the individuals being pulled over and tested will be waiting to be breathalysed. If you have people with you in the vehicle, they will be asked to stay in the vehicle.
- Another Officer will then attend to the breathalyser test. The breathalyser is supposed to be accompanied by a little blowing pipe, sorry – I do not know the technical term for it is – and a demo pipe. The one pipe will be attached to the breathalyser and the other pipe should be in a sealed packet. The officer will then blow into the demo and a 0.00 reading should be shown on the breathalyser, where after the officer should then open the packet in front of you and affix the other pipe onto the machine for you to blow onto the clean pipe. In this way the officer has confirmed that the breathalyser is in working condition, at least that it can give a 0.00 reading and is not purposefully rigged; and you are then afforded to blow on a pipe which is clean and free from alcohol.
- If your reading is above the legal limit of 0.05g (which is normally the equivalent of two beers consumed in relatively quick sequence), you will be informed of this and you will be placed in the transportation van to be taken for a blood test. A blood test must be preformed to confirm the breathalyser result, as a breathalyser test is not sufficient for a conviction. (0,05g is the limit your blood alcohol may not be over in terms of the blood which is drawn, this does not relate to the breathalyser. In jurisdictions where the breathalyser is used to determine guilt, the limit is 0.24mg in 10000ml of breath).
- Your vehicle will either be driven to the relevant police station by a fellow passenger or one of the officers or can be left at the scene to be collected at a later stage.
- According to a SAPD captain I spoke to, the officers then must take you into the police station, and book you into the registry. You then will be booked out of the registry and taken (with a blood-testing kit from the Police office) to Tshwane District hospital or a district surgeon, who will take your blood using a fresh needle and sterilised supplies. A person arrested on suspicion of drunk driving (with supporting breathalyser results) may not unreasonably refuse to have their blood taken. Blood must be taken within 2 hours of being arrested. You can however request that your medical practitioner be present for the withdrawal if you feel that this is necessary. For clarity, you are under arrest when an officer says you are under arrest, not when you arrive at a cell. The normal procedure for arresting a person would be to place one hand on the shoulder of the person and then informing the person that they are under arrest. Handcuffs are not a requirement – being under control and being informed places you under arrest.
- Once your blood is taken, you will be taken back to the Police station, where all the necessary paperwork will be completed by the arresting officer, including the Notice of Rights and the Bail receipt. Determination of bail, especially if applicable, depends on the circumstances. Driving under the influence of alcohol and/or driving recklessly and/or negligently is a schedule 1 offence; and bail may be given by a certain rank or higher at the police station, after your residential address has been confirmed and after the state have not been able to prove any previous convictions and/or other pending cases. But in certain circumstances, especially where an arrested individual has co-operated and has supplied its residential address and confirms that the person has no previous convictions and/or pending cases bail may not be necessary and a warning to appear in court may be issued instead. However, in general, it is the procedure to arrest and grant bail (not the warning). The bail amount may range between R 500.00 to R 1500.00 ordinarily. You can expect to be held in cell for a few hours while the necessary paperwork is done, but you should be kept with people of the same gender.
- Once you have been processed, your valuables will be returned to you, and you will be allowed to leave the Police Station. You should be given two documents – a Notice of Rights and a Bail Receipt or Warning to appear.
I hope that this information might prevent others from having the same traumatic experience myself and my husband did. I am writing this blog with the sole purpose of helping the people in my community. Please note that I am not Lawyer nor am I an expert in law, and that the above explained process is my attempt to put into words what I heard from lawyers and other knowledgably people. So please forgive me if I left something out or interpreted something wrong.
Has something like this happened to you. Please share your story here.
Know your rights. Please be safe.
xxx
