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

system32

Executive Member
Joined
Dec 29, 2009
Messages
5,648
Hey @RTMC,

Here is a novel ideal - enforce the laws you already have instead of hiding in the bushes taking speeding photos and asking drivers for lunch money.

Existing laws:
>In certain instances, bail may be denied.
>face a minimum fine of R2,000 or a two-year prison sentence, or both.
>lose your driver’s licence or have it suspended
>you will have a criminal record
>fines to between R120,000 and R180,000
>face jail sentences of up to 9 years
>You will then be held in custody until you are either released on bail or make your first appearance in court. This could mean spending 48 to 72 hours in a holding cell

@RMTC, actions speak louder than words - just do your job.
 

TheMightyQuinn

Not amused...
Joined
Oct 6, 2010
Messages
32,057
its pretty self explanatory



ask uber or alternate transport companies why they dont cover all little towns and areas. ...lol wtf

Oh dear...no designated driver option then? You drink alone?

If your town is so small that there is absolutely no alternate transport options, it's probably small enough for you to walk home.

So obviously drinking OR driving is not an option for you. You will seek out any possible excuse to drink and drive and then blame the law if you get caught.

Good luck with that and remember to always have a hoodie with you for those court reporters and their cameras.
 

access

Honorary Master
Joined
Mar 17, 2009
Messages
13,703
Your attempt at sarcasm does not make any difference to me.

Since you are so mature and a grownup, why can you seemingly not think for yourself?

Either drive OR drink.

If you do both, you are looking for trouble and should face the consequences, regardless of your hurt feelings about it.

 

theratman

Honorary Master
Joined
Jan 21, 2008
Messages
11,971
All this pi$$ing and moaning about this proposal being harsh etc.

Don't drink and drive. Period. No excuses. Why is this so hard?

When the wife and I go for dinner or lunch and both of us plan to have drinks, even if it is just a bottle of wine...we Uber.

What can be safer and simpler than that?
They want to be able to drink and still drive because of what ever reason. Selfish ones I'm guessing. I've stopped it, I'll have a (330ml) beer and drive but more than that and it's Uber time.

Anyone upset about sitting in jail for 7 days because they've been drinking and driving deserves to sit in a cell for 7 days.. It's not like you don't know the consequences.
 

Gordon_R

Honorary Master
Joined
Jul 5, 2009
Messages
20,833
Might be worth reading the Criminal Procedures Act before they come up with stupid ideas: https://en.wikipedia.org/wiki/Criminal_procedure_in_South_Africa#Bail

Bail applications are always matters of urgency. Bail (or the refusal thereof) is entirely non-penal in character: Its refusal may not serve as a punishment; nor may a court fix an excessive amount or onerous conditions, in a bid to harass the accused. It is not anticipatory punishment. When considering bail applications, the courts should ignore improper pressure [etc]
 

Temujin

Honorary Master
Joined
Apr 18, 2015
Messages
18,379
Hmmm... so who decides what 'drunk' is?

Edit: just to be clear... I think 7 days for not wanting to pay a bribe only for it to then be thrown out cos not enough evidence they were 'drunk' is a little harsh
 
Last edited:

theratman

Honorary Master
Joined
Jan 21, 2008
Messages
11,971
that 1 beer can be trouble
I've been through several roadblocks and never been over the limit after one beer. If I were to gulp in down in a few minutes there would be a spike at some point but then I'd be drinking more beers and ubering. But admittedly my monthly Uber cost is pretty high small price to pay for peace of mind.
 

chefdude98

Expert Member
Joined
Oct 31, 2017
Messages
1,623
Very bad idea!!!!!

Anybody remember the article about an advocate that was intimidated by police? The advocate was "charged" with pointing his finger at a police officer.

I also see this as a way for corrupt police officers to blackmail law a bidding citizens to solicit bribes. Wow this country has made me pretty jaded.
 

saor

Honorary Master
Joined
Feb 3, 2012
Messages
34,315
remember, the law allows us to drink then drive.
You're making a strange argument. It's a bit like saying the law permits you to be an axe murderer because you can buy axes at builders warehouse. Does the law allow you to drive as fast as you want by permitting the sale of cars that exceed the speed limit?

The law doesn't allow you to drink and drive. A strict drinking law can exist alongside places like pubs and bars. They can coexist because many people can make arrangements that permit them to visit such places without violating the law. If you can't make such arrangements, then stop visiting bars.
 

Temujin

Honorary Master
Joined
Apr 18, 2015
Messages
18,379
The law, based on blood or breath alcohol content
Did edit to be clearer... ie my problem here is, I've been told once I was over the limit without ever taking any 'tests', and never having a drink. This is SA, people get arrested for being white(as we had a while back)... 7 days before I can get infront of judge so my lawyer can show state has **** all evidence and no tests etc were filed for it to be thrown out cos I refuse to pay bribe is a little harsh... this is going to cost us tax payers a fortune in wrongful arrests, loss of income, emotionally traumatizing waffle etc cases
 

chefdude98

Expert Member
Joined
Oct 31, 2017
Messages
1,623
You know that you are just being ridiculous with that statement.
You know that you are just being ridiculous with that statement.
You live in a country where corrupt politicians kill mentally vulnerable people, police officers are involved in cash in transit heists, police intimidate whistle blowers & dockets/blood samples go missing all the time.

It really isn't far fetched that a bunch of corrupt cops try to intimidate or blackmail you.
 

access

Honorary Master
Joined
Mar 17, 2009
Messages
13,703
You're making a strange argument. It's a bit like saying the law permits you to be an axe murderer because you can buy axes at builders warehouse. Does the law allow you to drive as fast as you want by permitting the sale of cars that exceed the speed limit?

The law doesn't allow you to drink and drive. A strict drinking law can exist alongside places like pubs and bars. They can coexist because many people can make arrangements that permit them to visit such places without violating the law. If you can't make such arrangements, then stop visiting bars.

lol no.

the law does not say your alcohol level must be absolute 0. but it does say you may not murder at all.

it says it must be below a threshold. so you are allowed, below the threshold.
 

bwana

MyBroadband
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Joined
Feb 23, 2005
Messages
89,424
Did edit to be clearer... ie my problem here is, I've been told once I was over the limit without ever taking any 'tests', and never having a drink. This is SA, people get arrested for being white(as we had a while back)... 7 days before I can get infront of judge so my lawyer can show state has **** all evidence and no tests etc were filed for it to be thrown out cos I refuse to pay bribe is a little harsh... this is going to cost us tax payers a fortune in wrongful arrests, loss of income, emotionally traumatizing waffle etc cases

How did you get out of it when they pulled you over and accused you of being under the influence?
 
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