People caught for speeding may get off scot-free
The National Prosecuting Authority (NPA) in the Free State is withdrawing all criminal cases against speedsters who were caught using the ProLaser 4 speed gun.
Rapport reported that legal problems with the ProLaser 4 speed gun, which is used across South Africa, means that all cases involving this equipment are now in jeopardy.
This follows a ruling in May where the state failed to prove that the ProLaser 4 speed gun underwent all the necessary tests and received approval from an independent lab to be legally used in the country.
Phaladi Shuping, spokesperson for the NPA in the Free State, confirmed the problem to Rapport, but could not say how many cases were withdrawn.
What you may ask when you are pulled over for speeding
In the case mentioned, it was revealed that the software and hardware versions for the ProLaser 4 speed gun were not known.
There was also no evidence that the device was sealed after it was calibrated by the distributor.
Justice Project South Africa (JPSA) chairman Howard Dembosky previously said motorists can ask to see the calibration certificate for the speed measuring equipment used when they are pulled over for speeding.
You may also ask to see the operator’s certificate for the person operating the speed measuring equipment.
In addition to certificates specific to speed measurement, a motorist may also ask to see the officer’s appointment certificate as a peace officer.
Dembovsky emphasised that should you choose to request these certificates, you must remain polite at all times.
“If any one of them is not produced, don’t get into an argument about it, simply note it for your defence,” said Dembovsky.
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