Roadblocks are ramping up: here are 10 things to know if you're stopped

Whether you’re travelling cross country for the holidays or just to your mates', your odds of encountering cops increase 10-fold in December. Here are some things worth knowing about your rights and responsibilities

15 December 2024 - 00:00 By Elizabeth Sleith
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It's a good idea to check whether you have any outstanding traffic fines before you set out - though officers cannot force you to pay them on the spot.
It's a good idea to check whether you have any outstanding traffic fines before you set out - though officers cannot force you to pay them on the spot.
Image: 123rf.com

1) Your driver’s licence must be kept on your person or within the vehicle, according to the National Road Traffic Act. If you are pulled over in a roadblock, you must show your driver’s licence to the officer immediately.

2) You have the right to ask the officer to show you their appointment card, which must be carried at all times. If they refuse, they will be in contravention of the Criminal Procedure Act and any action that they take will be unlawful.

3) In properly constituted roadblocks, search and seizure is authorised. However, if an officer wishes to search your vehicle or person, you may ask to see the authorisation letter from the national police commissioner for the roadblock. This must include the date of the roadblock; the duration of the roadblock; and the reason for the roadblock. If the officer is unable to produce this, you are legally allowed to refuse them access to your vehicle/person.

4) Officials can conduct a body search during a roadblock. However, the official doing the search must be the same sex as the person being searched. 

5) An officer cannot detain you or demand spot payment of an outstanding traffic fine at a roadblock. However, they can arrest you if they can prove that a warrant of arrest has been issued against you. For unpaid fines, the officer can serve you with a summons to appear in court provided the court date given is at least 14 days in the future (Sundays and public holidays excluded). If you fail to appear, you will then be in contempt of court and a warrant of arrest will be issued. It's a good idea to check before you hit the road so you know your fine status. You can do this at sites such as Fines SA and Pay City.

6) You can be arrested with or without a warrant of arrest if you are

  • driving under the influence of alcohol;
  • driving recklessly; or
  • driving without a licence.

7) You must be informed of your rights immediately and taken to the nearest police station. You have the right to be brought before a court within 48 hours of your detention. You have the right to apply for and be granted bail at the police station (for non-serious crimes).  

8) If you are breathalysed, the concentration of alcohol must be less than 0,24 milligrams of alcohol per 1 000 millilitres of breath. The officer is not obligated to show you the reading, but if you are arrested for drunk driving, you must be transferred to a police station or testing centre where a blood sample must be taken within two hours of your being stopped. The legal BAC limit for drivers is 0.05 grams per 100 millilitres of blood.

9) Officers cannot prevent you from filming or photographing them at a roadblock, and they cannot confiscate, destroy or force you to remove or delete footage or images.

10) If you’re concerned that the traffic officer or roadblock is not legitimate, you can dial 10111 and inform the operator that you feel unsafe. Slow down, put on your hazards and indicate to the officer to follow you. Do not exceed 40km/h, and drive to the nearest police station.


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