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

theratman

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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
They test you at the police station with registered nurses if I remember correctly. I do understand your concern but drunk driving is a huge problem in South Africa. You'd also have a strong case if you were indeed falsy accused and detained without evidence.
 

TheMightyQuinn

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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.

And? How will this proposed new "law" make any of the above worse or more applicable in any way?

If what you describe above is the norm in our country, why make it worse by putting yourself in situations where all these things can happen to you?
Why are hundreds of people not getting locked up daily by corrupt cops for doing nothing?
Where are all these people that get locked up daily for drunk driving, even though they haven't had a drop to drink?

C'mon....
 

chefdude98

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They test you at the police station with registered nurses if I remember correctly. I do understand your concern but drunk driving is a huge problem in South Africa. You'd also have a strong case if you were indeed falsy accused and detained without evidence.
Where Shem this is Mzansi boetie

Durban’s metro police could face lawsuits from motorists prosecuted for drunk driving if their blood was drawn by an unregistered part-time nurse.
https://www.timeslive.co.za/news/so...o-police-red-faced-over-drunk-driving-bungle/
 

chefdude98

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And? How will this proposed new "law" make any of the above worse or more applicable in any way?

If what you describe above is the norm in our country, why make it worse by putting yourself in situations where all these things can happen to you?
Why are hundreds of people not getting locked up daily by corrupt cops for doing nothing?
Where are all these people that get locked up daily for drunk driving, even though they haven't had a drop to drink?

C'mon....
I seldom drink & if I do I uber.

The Cops are hella dodgy in SA.Yea,drinking and driving is terrible but the current laws need to be enforced.

Do you really want to test the possibility of a corrupt cop using this as leverage?

The current laws are fine, they just have to implement them.
 

TheMightyQuinn

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A Woman Got Out of a DUI Because Her Body Produces Its Own Alcohol

The condition, known as “auto-brewery syndrome” or “gut fermentation syndrome,” is rare, but it gets those who have it quite literally drunk even when they haven’t been near a bar.

https://munchies.vice.com/en_us/art...dui-because-her-body-produces-its-own-alcohol

Oh well, there you have it.

An extremely rare condition and written in huge bold letters...scrap all drink and drive legislation immediately.

Common sense cannot prevail. People MUST drink to within the minuscule limits set by the law and then blame corrupt police when triggered by alcohol breath at the roadblock.

All because they live in these small little towns with no public transport or friends or pubs within walking distance.

I actually enjoy going through checkpoints in the back of an Uber...relaxed and quite drunk at the same time. Getting a thumbs up from the cop as he waves us through.
 

access

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Oh well, there you have it.

An extremely rare condition and written in huge bold letters...scrap all drink and drive legislation immediately.

Common sense cannot prevail. People MUST drink to within the minuscule limits set by the law and then blame corrupt police when triggered by alcohol breath at the roadblock.

All because they live in these small little towns with no public transport or friends or pubs within walking distance.

I actually enjoy going through checkpoints in the back of an Uber...relaxed and quite drunk at the same time. Getting a thumbs up from the cop as he waves us through.

all or nothing is it? no people have ever lived outside a town or city.

lol would be hilarious if someone fell out an uber onto a cop and got locked up for 7 days for public intoxication. but mah uber, she saves meh!

yes certain procedures are supposed to happen, but on the spot they do not always happen. some idealists seem to disagree.
 

Tokolotshe

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What could go wrong ... not standing up for drunken driving, by no means. If we have not learnt by now from past experience, we are stupid.

As somebody that does not drink, I have been accused of consuming alcohol by one of those meant to protect us. Damn, that coffee must have been strong. My sin was to come from a work function with the guys standing around the corner. Assumptions.

While we have laws that dictate how things that should be done, those laws are not always adhered to by people drunk on the power their uniform gives them. This is by no means a condemnation of police of traffic officers, but we can't deny a corrupt component. It's that component that undermines the system and will abuse this to ensure their personal piggy bank benefits, or use it for their own other abuse.

For that reason - no. Have a multi-tiered system of checks and balances which includes a court. Rather throw the book, the cell door and all the Nkandla kraals shyte at those found guilty after going through the full process, but don't try take shortcuts.
 

Temujin

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They test you at the police station with registered nurses if I remember correctly. I do understand your concern but drunk driving is a huge problem in South Africa. You'd also have a strong case if you were indeed falsy accused and detained without evidence.
I agree 100%... its a massive problem. I don't have a solution to it though, not sure what can be done. The only thing that would work is zero tolerance drinking and driving, ie, outlaw it completely... but for that to work it requires 'honest cops' and zero corruption... so thats out the window too... All I see happening here is, not only will this cost us more in bs bloodwork went missing/wasn't filed correctly cases, its going to increase the corruption as, drunk or not, people will hand over that bribe instantly at the thought of sitting 7days away from kids/pets/work etc when they know they've done nothing wrong... /shrug
 

theratman

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I agree 100%... its a massive problem. I don't have a solution to it though, not sure what can be done. The only thing that would work is zero tolerance drinking and driving, ie, outlaw it completely... but for that to work it requires 'honest cops' and zero corruption... so thats out the window too... All I see happening here is, not only will this cost us more in bs bloodwork went missing/wasn't filed correctly cases, its going to increase the corruption as, drunk or not, people will hand over that bribe instantly at the thought of sitting 7days away from kids/pets/work etc when they know they've done nothing wrong... /shrug
Agreed.
 

DreamKing

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people love to see the state has more and more power to oppress the citizens?

pathetic....
 

theratman

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people love to see the state has more and more power to oppress the citizens?

pathetic....
How is breaking the law and being punished oppressive, especially when you are knowingly breaking the law?
 

DreamKing

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How is breaking the law and being punished oppressive, especially when you are knowingly breaking the law?

how you can say any person is breaking a law without a trial? (especially for a jail term)
so we don't need the court anymore, you just point a finger to the person and say, "you are guilty", right?

may be you have to tell me first for what reason the state can detain any person without a trial?
 

theratman

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how you can say any person is breaking a law without a trial? (especially for a jail term)
so we don't need the court anymore, you just point a finger to the person and say, "you are guilty", right?

may be you have to tell me first for what reason the state can detain any person without a trial?
Are caught murderers, rapists, thieves etc detained before trial?

Edit.

Drinking and getting into a car. You know you're breaking the law if you've had a few to drink.
 

DreamKing

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Are caught murderers, rapists, thieves etc detained before trial?

you think that the police can detain you indefinitely? or 7 days as mentioned before?

by law, you should be charged or released within 48 hours. not 7 days.
 

theratman

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you think that the police can detain you indefinitely? or 7 days as mentioned before?

by law, you should be charged or released within 48 hours. not 7 days.
If they haven't been charged they should not be detained. If they have been charged, tested etc then let them sit for 7 days, if the charges are bogus they can sue. They won't drink or drive again anytime soon. I understand your point about police and the state abusing power but something needs to be done.

What are your suggestions to curb the drunk driving problem?
 

Swa

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Don't drink and drive...:)
Then they should make it against the law. But that would have consequences for people on medication. It's already enough you can spend the night in jail because we don't have night court. People that haven't committed an offence shouldn't have to spend any time in jail. This is another pipe dream concocted by someone while being passed out.
 

ForceFate

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Then they should make it against the law. But that would have consequences for people on medication. It's already enough you can spend the night in jail because we don't have night court. People that haven't committed an offence shouldn't have to spend any time in jail. This is another pipe dream concocted by someone while being passed out.

Thought it's against the law...
 
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