The Law
2012 Thanks you Brandhouse for R50 000 donation to do work with Drs and Nurses at Clinics and Hospital.
We NEED SAPS and Traffic Officers to be trained properly, so that all the correct Forms and Procedures are followed so that Drink Drivers do not get away with it at Court, because of Technicalities.
The National Road Traffic Act (NRTA) of 1996 allows the following for drink driving charges:
- Fines of up to R120 000 or R180,00 for death or severe injury caused
- Automatic suspension of Licences.Sect 35 NRTA- States that Drivers licenses must be automatically suspended for 6mths as per 1st offence; 5yrs for 2nd offence; 10 yrs or more for 3rd or subsequent offences.
This is not done automatically and SADD feels it needs to be implemented.
If an offender has to drive for their work an Alcohol Ignition Interlock should be fitted and they should be in a proper offenders program with a suitably qualified addiction counselor.
Section 89 (Offences and Penalties)
(1)(2) Any person convicted of an offence with .....Sect 65 (1),(2),(5) or (9) (i.e.drink driving ) shall be liable to a fine or imprisonment for a period of not exceeding 6yrs.
(4) In the case of death/severe injury from drink driving,to a fine or imprisonment of up to 9 years allowed.
Q : CAN BLOOD ALCOHOL SAMPLES BE TAKEN IF A PATIENT HAS A DRIP? click here for the answer
Q : CAN BLOOD SAMPLES BE TAKEN IF THE DRIVER IS INJURED? click here for the answer
Q : CAN A REGISTERED NURSE TAKE A BLOOD TEST? CAN A DOCTOR AT A HOSPITAL TAKE BLOOD? click here for the answer
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Q : CAN A DOCTOR REFUSE TO TAKE A BLOOD TEST? click here for the answer
Q : CAN AN ALCOHOL TEST BE TAKEN AFTER 2 HOURS? click here for the answer
ALCOHOL OBSERVATION CHECK SHEET. FOR COURT.
SADD ‘s Comments on Judge Motata's crash.
SADD are appalled that the blood test was taken 3 hours after Judge Motata’ s crash.The Police Officers are taught and know that blood HAS to be taken within a 2 hour period.
SADD plan to get the Police Officers name, and to report him/her to the Independent Police Complaints Division (ICD) to report this incompetent, and to ask for a disciplinary hearing.
However, the Court should know that if his results are still so high after 3 hours, he was thus 0,015g less intoxicated, than if he had been tested before the 2 hours were up.
The elimination rate of alcohol is scientifically accepted to be a minimum of 0,015g per hour, so in fact whether it is a 2, 3 or 4 hour delay it does not matter, as the Level at the crash, or the 2 hour level can be easily worked out.
Therefore if his BAL was:
1.At 3 hours was 0,20g (TESTED LEVEL)
2.At 2 hours it was 0,215g
3.At 1 hour it was 0,23g
4.At the Crash it was 0,245g
SADD requests Magistrates, Judges and Public Prosecutors start taking elimination rates into account when weighing up the level of intoxication and the effect on driving skills.
Q : IS FORCE ALLOWED TO BE USED TO GET A TEST? click here for the answer
Q : ARE DRAEGER 7110 BREATHALYZER RESULTS LEGAL IN COURT? NRTA 1996 Reg 332 (4) click here for the answer
The Intoxilyzer 1-1400 is also legally permissable as per NRTA 1996 Reg 332 (4) (SA version-Intoxilizer 5000 P-SA) commonly called the LION.
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Q : CAN ANYONE OPERATE THE DRAEGER 7110 BREATHALYZER? click here for the answer
AT ROAD BLOCKS DO:
Test everyone. Men and women. All ages and races.
Otherwise do random tests. That is testing every 3rd car, as well as suspicious people.
Drivers often lie – this is part of the illness of alcoholism. They also don’t want a Criminal Record.
2 large glasses of wine can make a person OLL.
2 ciders would be over the limit. Check everyone who has drunk alcohol.
Women also drink drive, can be alcoholics, can be in denial, and can kill behind the wheel of a car!
AT ROAD BLOCKS DO NOT ONLY BREATHALYZE IF:
A. Diver's eyes are red. Drunk driver’s eyes are seldom red when they have drunk moderate amounts of alcohol.
They go red with huge intakes of alcohol.
B. A driver says that they have drunk alcohol
C. A driver says that they have drunk more than two drink.
D. Men.
E. Youth.
The TrafficOficer should not believe drivers or passengers.
He should have tested the Driver as well.
Even if the person does not look suspicious(little old white lady, etc) they could also have been drinking,and so need testing.
Also, by them just being tested this time means there is less chance they will take a chance with drink driving in the future.
Q : CAN A DRIVER WHO HAS CRASHED BE CHARGED IF THEY ARE UNDER THE LEGAL LIMIT? click here for the answer
Q : CAN A DRUNK DRIVER BE CHARGED WITHOUT A BREATH/BLOOD TEST? click here for the answer
ALCOHOL OBSERVATION CHECK SHEET. FOR COURT.
RECONSTRUCTION EXPERT available.
Johan Joubert is an expert in Accident Reconstruction, Accident Analysis, Cause Analysis, Interpretation of the Law and a Traffic Consultant.
He has over 20 years’ specialist experience in traffic accident reconstruction including the analysis of speed trends, accident rates, correlation between speed and accidents
He has testified as an expert in traffic accident reconstruction in the Supreme Courts all over South Arica. He has been appointed by the Road Accident Fund (RAF) as an expert in Accident Reconstruction for the fund.
He lectures in the field of accident reconstruction, University of Stellenbosch accredited courses, throughout the world.
Website: http://www.tarservices.co.za/" href="http://www.tarservices.co.za">http://www.tarservices.co.za
Johan Joubert | Managing Director |
Tel: +27 21 929 5300 | Fax: +27 21 929 5394 | Mobile: +27 82 650 9620 |
