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

[DreamKing]

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?

1) if they charge you, then you will be in court within 48 hours and let the court decides you will go to jail or not, so why it has to be changed to 7 days?

2) why you want to give them the power to detain you for 7 days when they "think" you are guilty or not, but not the court?

3) we also have so many problems in SA, so we should change the laws that when the police "think" you committed a crime, then they have the power to jail you for 10 years, 20 years? (same principle applies to 7 days for drunk driving)

4) as a "normal" citizen, the duty is to restrict the state power, not give them more.

5) more precaution policing near pubs and restaurants on fri / sat night, you will see the dramatically decrease for drunk driving.

 

[DreamKing]

No, it isn't against the law to have 1 beer and then drive.

that is enough to qualify for drunk driving.

 

[theratman]

1) if they charge you, then you will be in court within 48 hours and let the court decides you will go to jail or not, so why it has to be changed to 7 days?

2) why you want to give them the power to detain you for 7 days when they "think" you are guilty or not, but not the court?

3) we also have so many problems in SA, so we should change the laws that when the police "think" you committed a crime, then they have the power to jail you for 10 years, 20 years? (same principle applies to 7 days for drunk driving)

4) as a "normal" citizen, the duty is to restrict the state power, not give them more.

5) more precaution policing near pubs and restaurants on fri / sat night, you will see the dramatically decrease for drunk driving.

Happy to concede to those points. However I won't excuse drunk driving.

 

[Antybubbs]

Not sure why this is still an issue when we have Uber ffs.

If you going to drink, even one drink, then budget for an Uber.

Come on guys

 

[John_Phoenix]

So what if the officer just suspects you of drinking and driving even if you haven't? 7 days in jail?

It's not like blood tests are quick. Will they be using evidentiary breath analysers? (the roadside machine are not enough).

I don't drink, not a drop. But this leaves the door wide open to take a quick spin in someones brand new m2... Among other things.

 

[DreamKing]

Happy to concede to those points. However I won't excuse drunk driving.

good.

 

[Spizz]

So where do you live that drinking and driving is your only option?

Lol. Not having Uber as an option doesn’t mean I have to drink and drive.

It just means it’s not as simple for everyone as you say it is.

 

[Craig_]

Yeah, I like this. Lock 'em up. I'd like to see them deal with texting and driving offenders similarly.

Those should be wipped in the nude in the town square!

 

[Craig_]

I have a very close friend, who I have talked to many may times about his drinking and driving. He also has a family. He rolled his paid off car about a month and a half ago.

Now he is up his knees in crap. Court date and insurance refused to pay out. He told me he only realized about a week after the accident that he hadn't had a cigarette yet.

People should learn that drinking and driving is dangerous. This friend of mine has now stopped drinking and smoking completely, but why does the worse have to happen first?

Chuck them in jail, if you don't understand the dangers yet maybe this will teach you.

 

[skusku]

"It wants driving under the influence to be reclassified from a schedule 2 to schedule 5 offence, putting it on par with rape, murder, theft, and fraud. "

So if I go out to drink one beer with my food that will be on the same level as going to a house, breaking in and stealing, or even worse, murder.... I think this is a little bit ridiculous.

 

[MrGray]

Let's be honest, the drunk driving law is lowest common denominator stuff, brought about by the horrible loss of life and damage caused by those idiots who don't know where to draw the line. IMHO, a couple of glasses of wine with dinner for a fully grown adult male has less than minimal effect on driving ability BUT, having said that, I understand that it's now a world where shades of grey and personal responsibility and intelligent judgement by law enforcement are a thing of the past, so I simply don't risk this any more.

 

[Swa]

If you drink and drive, then yes.

If you don't drink and drive, you will not end up in prison for 7 days, will you?

So what is the issue?

Haha, spot the naive one.

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.

But according to some here you shouldn't drink at all so it's your fault if you end up behind bars for 7 days.

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

The question here becomes should you drive at all when you know you're intoxicated? An argument can be made that your body adapts so you won't suffer any effects and it does seem to be the case with these people as they don't notice it and function normally. But this is a severe case while there are many borderline cases especially with people with gut issues. Even normal people produce some alcohol naturally and it's only a matter of degree.

 

[NoFear]

RTMC can try their best, but if my calculations are correct each 7 days would cost the State around R210,000 in unlawful detention charges (Ave is R30k per day that they are at risk of paying due to unlawful detention). If you do this with a prominent business figure and he has the right legal eagles, which naturally he will have, they are up for a R1m claim at minimum. But then again, RTMC cannot dictate statute changes, and DUI can surely not be classified as Schedule 1 offence like murder, because the wrongdoing of DUI can be harmless. They can charge you with murder if someone is killed in a PDA / MVA and you were DUI, but by the time the law enforcers arrive, I will be sure I am in the back of an Ambo with drip in my arm, and at worst I can be charged with Culpable Homicide and Wreck&Neg. (No blood can be drawn if you are being administered intra-venous medication, even just the plain ol' saline / glucose drip).

Also, does anyone know what the time frame is from your blood being drawn up and until a result is obtained.... anything from 13 to 16 months, that is if the blood even reaches DOH labs, and it is stored at a specific temperature, statements are provided at every hand off point by the person handling the sample. Any good lawyer will use these technicalities to defend his client, and get the case nolle prosequi.

 

[SauRoNZA]

I see nothing to be aware of here?

They would like something to be, that doesn’t magically make it so.

 

[Swa]

I see nothing to be aware of here?

They would like something to be, that doesn’t magically make it so.

I agree but what get's me here are the number of people who agree. As if we have such stellar law enforcers.

 

[TysonRoux]

Option, pay bribe now or go to jail for a week.

Lets not forget that we're reliant on our squeaky clean police to do the right thing here.

 

[ForceFate]

Option, pay bribe now or go to jail for a week.

Lets not forget that we're reliant on our squeaky clean police to do the right thing here.

Or don't drink and drive. Safest option.

 

[Swa]

Or don't drink and drive. Safest option.

 

[TysonRoux]

Cop to innocent sober driver not committing any offence: Option, pay bribe now or go to jail for a week.

Lets not forget that we're reliant on our squeaky clean police to do the right thing here.

Or don't drink and drive. Safest option.

Woooosh.......

LOL, so the cops only solicit bribes from drunks.

This would give those cops so much more "bargaining" power when intimidating innocent motorists.

 

[Spliffcat]

Ban alcohol
Legalise LSD, tik, cat, morphine, donkey and rattex.

And the differences will be incalculable. No more drunk drivers.