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. The state says about 14,000 people are killed in road crashes in South Africa annually. Every case is decided on its merits. READ ALSO: Haibo: Reckless cop busted twice for drunk driving just hours apart. Magistrates then abandon the cases. Your blood will be taken. 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 trauma of dealing with any physical injury suffered by the accused or third parties; Get your South African law questions answered by Experts. To sue or not to sue? If there is not enough evidence to support the case then the Court must dismiss the case or acquit the accused. The basic proceedings of a trial in South Africa are as follows: the prosecution will call witnesses to the stand who will testify and hopefully support the case and prove, beyond a … 1. If the Court finds the accused guilty it will … Penalties for drunk driving differ depending on individual cases and conditions. 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When it comes to fatalities from drunk driving, one country stands out from the rest. • Risking getting a criminal record, which stays with you for ten years; After a case has been filed, the person(s) involved are held in custody until they appear in court, or released on cash bail. A. 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. 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. Home Crime How to Gather Proof of Liability in a Drunk Driving Crash in South Africa. READ ALSO: 9 contributory factors to most accidents in South Africa 2019. This can take place over several months if not longer. South Africa’s reported road fatalities per 100 000 is 25.1, which is 23rd out of the 50 African countries included in the Report. v. ROLAND HOGG . Not only is dealing with the case against you very traumatising, but the knock-on consequences are significant. People make decisions based on emotion; and, it is no different in a drunk driving … Thabo Masemola and … Connect one-on-one with {0} who will answer your question. These laws are in place to help protect the community and to make sure that drunk drivers are reprimanded. © MA Cooper Attorneys Fines can be anywhere from a few hundred rands to several thousand and prison terms can be for a few months to years. No person shall on a public road - a. 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) 1. Processes like dealing with bail, investigation by the police and presentation of the case to the accused must take place. South Africa is strict with its drink driving laws. Drunk driving -- Investigation -- South Africa -- Randfontein dc.subject.lcsh Motor vehicle drivers -- Alcohol use -- South Africa -- Randfontein --Case studies They will be arrested and charged and can be detained at the closest police station and sent for further testing at an alcohol testing centre. this video was compiled to promote awareness about drunk driving. In the report, the drunk driving statistics showed that South Africa had a major problem with drunk driving. THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) High Court Ref No: 17293 . This is the gritty detail of a case, where it is won or lost, and where a lot of time is spent in preparation. In South Africa, alcoholism is classified as a disease and any person cannot be dismissed based on an illness. 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 WHO's Global Status report on Road Safety for 2015, South Africa … • Does the State have any witnesses and are they available to testify; Drunk drivers arrested for violation of the law of legal alcohol limit are sent for further testing at an alcohol centre. Because the defendant believing that his licenses will only be suspended by the DMV for a six-month period, he refuses to take the test. You could get a fine of up to R120,000 and the suspension of your driver’s license. Coram: GAMBLE & ROGERS JJ. 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. In the matter between: THE STATE . The results are used as evidence in the court. Date of Judgment: D. PILLAY J [1] In this review, the accused was charged in terms of s 65(1)(a) and (b) read with various other sections of the National Road Traffic Act, 93 of 1996 (NRTA). Author information: (1)South African National Council on Alcoholism and Drug Dependence, Johannesburg. Print Email. Get your South African law questions answered by Experts. 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. The term "drunken driving" refers to two different criminal charges, namely: The case may be postponed to obtain further evidence or to get legal assistance for the accused. Drunk driving is responsible for a large number of traffic accidents, which have led to unnecessary loss of life. Email:        Tel: 0027 (0)84 300 5763 Â       Fax: 086 605 8265        Web: A district surgeon, registered nurse of prison medical officer will take your blood and must use a fresh needle and sterilised supplies.