how to win a drunk driving case in south africa

The tendency of drinking seems to be profoundly rooted, especially in low-income countries. Magistrate’s Case No. If you are in this situation, keep your wits about you, don't act rashly or antagonise authorities. The South African Road Traffic Act 93 of 1996 has been in effect since March 1998. The maximum alcohol level allowed in a blood sample is 0.05 percent per 100ml – the equivalent of one glass of wine – while the legal breath alcohol limit is less than 0.24mg/1,000ml. The maximum alcohol level allowed in a blood sample is 0.05 percent per 100ml – the equivalent of one glass of wine – while the legal breath alcohol limit is less than 0.24mg/1,000ml. this video was compiled to promote awareness about drunk driving. ‘Crazy’ driving. With the increase of alcohol use and abuse in South Africa, there has been an increase in the frequency of drunken driving offences. Drunk driving is responsible for a large number of traffic accidents, which have led to unnecessary loss of life. Here are some common considerations when dealing with such cases: In the report, the drunk driving statistics showed that South Africa had a major problem with drunk driving. Local Drinking And Driving Laws. An alcohol problem is classified as a ‘sickness’ in South Africa because it affects behaviour and performance. The legal alcohol driving limit must be less than 0.05 grams per every 100 millilitres of blood for normal drivers and less than 0.2 grams per every 100 millilitres in case of professional drivers. If the Court finds the accused guilty it will proceed to sentencing. â¢ Explaining your criminal record or need for time off to a potential employer; 3/10- enforcement of the speed limit. Drunk-driving, drinking and driving, DUI, or Driving Under the Influence of Alcohol – whatever the term, being in control of a vehicle on our roads, after drinking more than a certain amount of alcohol, is illegal in South Africa. After a case has been filed, the person(s) involved are held … Duncan Smith was driving home after meeting up with a friend for some drinks to celebrate the end of another week. The consequences of drunken driving in South Africa. The arrest can severely affect your reputation since you will have a criminal record which can last up to 10 years; this can affect employment and other activities. According to the report, there were 82,912 reported cases … All DUI cases are different, and these examples are meant to demonstrate the issues involved in these sorts of cases rather than tell you exactly how a particular case will proceed. LEGAL IMPLICATIONS. Enforcement levels were similar to the 2013 Report. â¢ The risk connected to your studies as a student, applying for travel visas and other formal applications which enquire into your legal or health history; He attempted to drive away from the scene, Any action you take upon the information presented in this article is strictly at your own risk and responsibility! v. ROLAND HOGG . Unless there is other evidence to the contrary, this can result in your matter being dismissed. 1. No person shall on a public road - a. South Africa launches new drunk driving system ahead of Easter – here’s what you need to know . A new driving law will be implemented in June 2020 which will set the legal blood-alcohol limit for drivers to 0%. You could be given a suspended sentence, which means if you are caught again, the previous penalties will become applicable – … There may be eye witness testimony, blood test results, video footage and other items of evidence. You may also be sent for further testing at an alcohol testing facility. This ranking is a rise from its 11th place in 2010. South Africa is a signatory of the Hague-based ICC, which wants Bashir arrested for alleged war crimes related to the conflict in the Darfur region of Sudan. Alternatively the accused driver can admit their guilt. A driver must use care to avoid injuring other motorists, passengers, or pedestrians -- basically, anyone that he or she encounters on the road. ROGERS J (GAMBLE concurring): [1] This matter comes before us on automatic review. According to the WHO's Global Status report on Road Safety for 2015, South Africa is … When it comes to fatalities from drunk driving, one country stands out from the rest. South Africa is strict with its drink driving laws. When caught driving under the influence of alcohol, it can lead to an arrest, license suspension, fines and in some cases, even serving jail time. The legal system in South Africa needs to differentiate between those persons who have an addiction and subsequently need treatment, and those who need education. Print Email. Staff Writer 8 April 2019. The consequences of drunken driving in South Africa. READ ALSO: Report ranks South Africa as 6th heaviest drinking country on earth. Not only is dealing with the case against you very traumatising, but the knock-on consequences are significant. THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) High Court Ref No: 17293 . Your work history, family history and your appearance all contribute to your image in court. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. You will then be taken (along with the other drunk drivers) to a clinic, hospital or a mobile blood drawing unit, where your blood will be taken. The district surgeon, registered nurse or a prison medical officer will take a specimen of an arrested driver's blood, which is then submitted to a … â¢ The risk to any professional status, in the context of being "fit and proper", and the associated economic impact; Processes like dealing with bail, investigation by the police and presentation of the case to the accused must take place. These accidents have seen many lose their lives and others left with permanent scars and paralysis. The Court may suspend these sentences for a period on the condition that you do not break the law again. Here are a few: 1. With Energy and with Experience, giving you Expression, Contact details: From the team. Effects of alcohol on cognitive processes. This stern action will significantly reduce a large number of accidents recorded these days. February 10, 2017 at 11:53 pm. GUIDELINE FOR MEDICAL PRACTITIONERS TAKING BLOOD SAMPLES IN DRUNKEN DRIVING CASES-Medical practitioners are often requested by police officials to take blood samples from persons who were allegedly driving under the influence of alcohol. All governments and the authorities concerned should ensure that they are very strict when it comes to the implementing of drunk driving laws. In an effort to reduce drunk driving in South Africa, the police are clamping down on this offense and in this case taking prisoners, pun intended. In South Africa, alcoholism is classified as a disease and any person cannot be dismissed based on an illness. South African road rules for drunk driving. Any person driving on South African roads should familiarise themselves with the local drunk driving laws. Author information: (1)South African National Council on Alcoholism and Drug Dependence, Johannesburg. It is the offence of steering or operating a motor vehicle, under the influence of alcohol or any drugs. â¢ Driving while the concentration of alcohol in your blood or breath is over the specified limit. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. If you’ve been injured or are a dependant of a breadwinner who died in a road accident caused by a drunk driver, you may be able to claim compensation. Becker K(1). This was after the appellant, whilst under the influence of alcohol, had driveninto a fence wall of a residence in Korsten, Port Elizabeth. Alcohol and Legal Implications of Drunk Driving. “More than 21,000 people have been arrested on our roads in the last year as a result of drinking and driving, and it has been shown that 50% of people who die on our roads are over the limit.” How to Gather Proof of Liability in a Drunk Driving Crash in South Africa. The results are used as evidence in the court. â¢ Does the police evidence prove the case against the accused; section 63 (1), if the court finds that the offence was committed by driving recklessly; Offence above: Reckless or Negligent Driving (c) section 65 (1), (2) or (5), where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of – (i) a first offence, for a period of at least six months; (ii) No person shall on a public road-Drive a vehicle; or 4/10- enforcement of the BAC limit. These laws are in place to help protect the community and to make sure that drunk drivers are reprimanded. The Road Traffic Management Corporation and the Department of Transport are reviewing South Africa road safety laws. section 63 (1), if the court finds that the offence was committed by driving recklessly; Offence above: Reckless or Negligent Driving (c) section 65 (1), (2) or (5), where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of – (i) a first offence, for a period of at least six months; (ii) Additionally, it is the 8th leading cause of death amongst all age groups. â¢ The legal costs should you decide to be represented by a private lawyer as opposed to a Legal Aid lawyer if you qualify for Legal Aid. Current fuel prices in South Africa. In the matter between: THE STATE . â¢ The loss of time for a self-employed person; A person apprehended cannot refuse to give a specimen of blood or a sample of breath. According to a report done by the World Health Organization (WHO), road traffic accidents are the leading cause of death among children and young adults between the ages of 5 and 29. This is the gritty detail of a case, where it is won or lost, and where a lot of time is spent in preparation. Med Law. Once arrested the accused driver must be brought to Court where the State, through a prosecutor, must prove a case beyond reasonable doubt in a trial. The relative risk of a drunk-driving attorney you are in this field for the past 10 and. Fire an employee if he is an alcoholic has to be the worst case scenario is that you ALSO... License may be eye witness testimony, blood test results, video footage and other items of evidence is by. Was caught for drink and driving and did community services for 120 hours and my case was do. Sentences for a few hundred rands to several thousand and prison terms can be accompanied by a suspended sentence which... 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