You don’t have to pay traffic fines at roadblocks, and you may not be arrested for outstanding fines.
Often the issue of paying outstanding traffic fines at roadblocks becomes a topic of debate whose conclusion is sometimes left hanging on social media.
As most people prepare for the festive season exodus, motorists can expect heightened roadblocks and zero-tolerance enforcement from SAPS and traffic departments around the country. But while the focus is on keeping roads safe, legal experts are reminding drivers that road safety and legal rights must go hand in hand.
Kirstie Haslam, a partner at DSC Attorneys, told Sowetan Consumer that motorists cannot be forced to pay any outstanding fines at a roadblock.
“Doing so amounts to extortion. The only time you can be arrested at a roadblock is if an officer presents you with a valid warrant of arrest. In that situation, you may legally be detained until the fine linked to that warrant is settled. But without a warrant, officers have no authority to demand on-the-spot payment with or without a card machine,” said Haslam.
While law enforcement officers have a tough job keeping our roads safe, that doesn’t mean motorists surrender their rights at a roadblock, she said.
“Knowing what’s lawful and what isn’t can prevent unnecessary conflict or even unlawful arrest.”
You can request that the device’s calibration be verified. And if you dispute the result, you have the right to ask for a blood test, conducted by a medical professional within two hours of arrest.
— Kirstie Haslam, partner at DSC Attorneys
The festive season is known for increased road accidents, which are sometimes caused by irresponsible driving, and to prevent this the department of transport increases its roadblocks around the country.
According to the department, more than 997 roadblocks were conducted nationwide between December last year and January 2025, leading to 7,448 arrests for offences including drunk driving, speeding and attempted bribery. Authorities:
- issued more than 711,000 fines;
- impounded 8,917 unroadworthy vehicles; and
- recorded 1,234 fatal crashes that claimed 1,502 lives — a 5.3% increase in fatalities compared with the previous year.
“These numbers show why enforcement is essential, but it’s equally important that enforcement remains lawful and transparent. When drivers know their rights and officers respect them, roadblocks become safer and more effective for everyone.”
But this is not always the case, as some roadblocks have resulted in rude and sometimes violent encounters whose videos end up on social media. Here’s what motorists should know before they hit the road this December:
You must stop at the roadblock but you don’t have to agree to everything
Haslam said motorists are legally required to stop and co-operate at authorised roadblocks. However, officers must be in uniform, and the roadblock must be officially approved by a provincial or national police commissioner.
“You’re entitled to ask for proof that the roadblock has been authorised. Random or unauthorised stops could be unlawful, and so are vehicle searches without reasonable cause,” said Haslam.
Breathalyser results can be challenged
If you’re stopped for suspected drunk driving, officers can require a breathalyser test. But breathalyser readings aren’t always accurate; they depend on correct calibration and proper procedure.
“You can request that the device’s calibration be verified. And if you dispute the result, you have the right to ask for a blood test, conducted by a medical professional within two hours of arrest. Delays or mishandling of that process can render the results invalid in court,” said Haslam.
You can record the encounter, respectfully
Motorists may record or film their interaction with officers, provided they do not obstruct the roadblock or interfere with duties.
“A calm, respectful approach goes a long way. Recording the interaction can protect both parties if there’s a dispute later. The key is to document, not provoke,” she said.
You can’t be arrested without cause
Refusing a lawful instruction such as a valid breathalyser or blood test can lead to arrest. But being detained without reasonable suspicion or subjected to excessive force is unlawful, said Haslam.
“If you’re arrested without due process or injured through misconduct, you may have grounds for a civil or personal injury claim. The law allows you to hold authorities accountable.”
Don’t drive impaired; the best defence is prevention
While asserting your rights is crucial, Haslam stressed that no legal protection excuses reckless behaviour.
“The most effective way to avoid conflict at a roadblock is simple: don’t drink and drive. Have a plan: a designated driver, a cab or a lift. Rights are there to protect responsible citizens, not shield bad decisions.”
Rights and responsibility go hand in hand
Every December the road safety campaign collides with human behaviour, and fatigue, distraction, speeding and alcohol abuse remain the leading causes of crashes.
“A lawful roadblock should feel safe, not intimidating. If both motorists and officers understand their roles, everyone gets home safely, which is the point of the exercise.”
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