Drunk drivers beware – 7 days in jail before your bail hearing

[mattrudlles]

It IS an issue.. Too lazy now to search but people have been convicted for drunk driving, having had ONLY ONE DRINK. This is why, going back many years, most people I know say they either drink and not drive, or not drink at ALL and be the designated driver.

However this stupid hare-brained government has got the wrong end of the stick. Not to detract from the seriousness of DUI, the other issue is people driving under the influence of DRUGS, including prescribed medication, which is even worse in some cases than what booze can do.

You're missing the point. They should not be arrested for having a single drink and being borderline. It is a stupid use of force by the police.

 

[ProfA]

So they want to scare off people by depriving them of their rights and due process? Brilliant idea, but why stop at drunk driving? Surely those who text and drive can spend a month in jail before being granted bail. That would stop people from doing it. And those accused of speeding can spend about a year in jail before being granted bail.

You see where I am going with this? This is asinine. Unfortunately only those who can think further than the tip of their noses will see realise that.

 

[ProfA]

"Depending on prior convictions against you, as well as the circumstances surrounding your arrest, you face a minimum fine of R2,000 or a two-year prison sentence, or both. "

Oh for f*** sakes, how difficult is it to understand that a guy having one draught driving home and happens to get caught is not the same as the completely wasted swerving idiot at 2AM how gets pulled over after a phone call received by the police from a conserved citizen is not the same thing.

We don't lock up guys with three kids and a family for having one or two drinks too many... or at least, that's up to the judge and why it's also wrong to keep someone locked up for a week. The whole point of due process is to have your day in court where a trained respected judge takes all the evidence and decides your fate. This week lockup thing is bulls***t because you're basically serving a sentence before you've even had your due process.

Trained respected judge.

 

[RaptorSA]

So they want to scare off people by depriving them of their rights and due process? Brilliant idea, but why stop at drunk driving? Surely those who text and drive can spend a month in jail before being granted bail. That would stop people from doing it. And those accused of speeding can spend about a year in jail before being granted bail.

You see where I am going with this? This is asinine. Unfortunately only those who can think further than the tip of their noses will see realise that.

This ^
In fact, if you want to use fear & force as a deterrent why not just bring back the death penalty for people who drive when they're tired (a massive cause of accidents).. or why not put people in jail for life for driving while wearing a cast for a broken ankle even though they know it's impairing their ability to drive ... or how about a R4Million fine for someone who has bad eyesight but forgot his glasses at home and still chose to drive? How about just locking up bad drivers for a few years?

 

[bwana]

"Depending on prior convictions against you, as well as the circumstances surrounding your arrest, you face a minimum fine of R2,000 or a two-year prison sentence, or both. "

Oh for f*** sakes, how difficult is it to understand that a guy having one draught driving home and happens to get caught is not the same as the completely wasted swerving idiot at 2AM how gets pulled over after a phone call received by the police from a conserved citizen is not the same thing.

We don't lock up guys with three kids and a family for having one or two drinks too many... or at least, that's up to the judge and why it's also wrong to keep someone locked up for a week. The whole point of due process is to have your day in court where a trained respected judge takes all the evidence and decides your fate. This week lockup thing is bulls***t because you're basically serving a sentence before you've even had your due process.

I never said that this seven day hold was fair or just.

Why I said was the penalty is laughable. I don’t think it deserves incarceration, as long as there were no damages to property or person, but not to remove these people from the roads even temporarily is a crime in itself.

 

[mattrudlles]

This ^
In fact, if you want to use fear & force as a deterrent why not just bring back the death penalty for people who drive when they're tired (a massive cause of accidents).. or why not put people in jail for life for driving while wearing a cast for a broken ankle even though they know it's impairing their ability to drive ... or how about a R4Million fine for someone who has bad eyesight but forgot his glasses at home and still chose to drive? How about just locking up bad drivers for a few years?

And those people using their cellphones without handsfree in their R1mil German sedans...

 

[Lindiswa]

what if you were drinking but you are not drunk and you are on your way home?????????

 

[Gordon_R]

So they want to scare off people by depriving them of their rights and due process? Brilliant idea, but why stop at drunk driving? Surely those who text and drive can spend a month in jail before being granted bail. That would stop people from doing it. And those accused of speeding can spend about a year in jail before being granted bail.

You see where I am going with this? This is asinine. Unfortunately only those who can think further than the tip of their noses will see realise that.

Anyone familiar with the history of South Africa will recall something called Detention without Trial: https://en.wikipedia.org/wiki/Indefinite_detention_without_trial

That is exactly why we have a Bill of Rights in the Constitution: https://www.westerncape.gov.za/legi...apter-2-constitution-republic-south-africa#35

35.1.d.
i. to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest
ii. or the end of the first court day after the expiry of the 48 hours; if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day

No change to laws or procedures or administrative action is valid, if it violates the constitution.

 

[pinball wizard]

yeah ok, why mess about, just make all restaurants halal. problem solved

Don't you have any self control?

 

[ForceFate]

what if you were drinking but you are not drunk and you are on your way home?????????

How much?

 

[Lindiswa]

How much?

3 cans of castle light ?

 

[R13...]

3 cans of castle light ?

It is not drunk, it is about being under the influence. And you as the drunk can't decide if you're drunk or not. They'll test you and decide then. The how much question is a piece of string question. Everyone will be different

 

[Lindiswa]

It is not drunk, it is about being under the influence. And you as the drunk can't decide if you're drunk or not. They'll test you and decide then. The how much question is a piece of string question. Everyone will be different

guess i will be using uber from now on!

 

[ArtyLoop]

It is not drunk, it is about being under the influence. And you as the drunk can't decide if you're drunk or not. They'll test you and decide then. The how much question is a piece of string question. Everyone will be different

Hence why people have been prosecuted for having just one dop.

 

[rietrot]

It is not drunk, it is about being under the influence. And you as the drunk can't decide if you're drunk or not. They'll test you and decide then. The how much question is a piece of string question. Everyone will be different

Geez do you know anything?

Its nothing to do with string. There is a objective, set amount of how much alcohol can be in your blood. 3 beers is over the limit for most people.

 

[bwana]

Hence why people have been prosecuted for having just one dop.

I'm sure they've been prosecuted for having a blood alcohol level that exceeded the legal limit and not "for having just one dop".

Now if you'd said after having just one dop...

I miss the old roadside sobriety tests where they assessed your ability to walk a straight line and touch your nose...

 

[R13...]

Geez do you know anything?

Its nothing to do with string. There is a objective, set amount of how much alcohol can be in your blood. 3 beers is over the limit for most people.

No, each person will be different depending on their metabolism, body mass, etc. If it was zero then yes it wouldn't matter how much you drank you'd just have had some alcohol in your system

 

[thehuman]

3 cans of castle light ?

Castle light have 4% alcohol
Where normal beer have 5%

Your 3 cans = 2.4 cans of regular beer

 

[nelwa]

I was almost hit by a drunk driver on Friday night. He just swerved from his lane straight into mine I had to brake so hard the ABS came on.

He then carried on driving down the double-lane road straddling lanes and bouncing off the pavements everytime the car struck it between straddling left and right.

I have 0 faith in anything being done about him though because the cops will just stop him and drive him to an ATM for their "bonus".

Sure, 7 days in jail for this I can agree with, but having one or two beers while playing golf and still being completely in control of your driving, but you're passed the limit...that's a whole other story

 

[TysonRoux]

I was almost hit by a drunk driver on Friday night. He just swerved from his lane straight into mine I had to brake so hard the ABS came on.

He then carried on driving down the double-lane road straddling lanes and bouncing off the pavements everytime the car struck it between straddling left and right.

I have 0 faith in anything being done about him though because the cops will just stop him and drive him to an ATM for their "bonus".

And if this "ruling" is passed, their "bonus" will be a lot larger.

BTW, I'm all for a "No Drink and Drive" policy - I drink occasionally and have no problem with this self imposed rule.