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Summary drinking & driving notes
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Drunk Driving: Court ProcedureWhat must the State prove?
In a case of driving under the influence of liquor, the state must prove that the accused
drove a vehicle on a public road while under the influence, or while the alcohol content
of the accused's blood exceeded 0,05g per 100ml. When these elements have been
established, a court will consider the following factors in imposing sentence:
- the degree to which a motorist was under the influence of liquor;
- the extent to which his or her ability to drive was affected;
- traffic conditions at the relevant time;
- the type of vehicle being driven;
- the actual harm or danger caused by his or her driving;
- the time and place of the offence;
- whether the accused is a first offender.
Evidence against the accused may be given by the police, the examining doctor or any
person who, at the time of the alleged offence, thought the accused was under the
influence. The opinions expressed in court must be qualified by reasons. For instance,
the statement 'I believe he was under the influence' is not acceptable evidence, unless it
is followed by an observation such as 'because he smelt strongly of liquor and his
speech was slurred'.
This evidence is normally given by the arresting police officer who will need to attend
Court. In determining a sentence for driving with excessive alcohol in the blood, a court
will consider the manner of the accused's driving at the time of the offence. Driving
slowly and with exaggerated caution may be a characteristic of inebriation as erratic or
reckless driving is.
Imprisonment without the option of a fine is not usually imposed on a first offender,
except in serious cases, such as when the accused was heavily under the influence or
guilty of recklessness or gross negligence.
What defines Drunk and Driving? Section 65 of the National Road Traffic Act 93 of 1996
(hereinafter referred to as “The Act”) defines driving under the influence under two
scenarios:
1. Driving while under the influence of intoxicating liquor or a drug having a
narcotic effect, or with an excessive amount of alcohol in blood or breath.
, 2. No person shall on a public road – a. drive a vehicle; or b. occupy the driver’s
seat of a motor vehicle the engine of which is running, while under the influence
of intoxicating liquor or a drug having a narcotic effect.
3. No person shall on a public road – a. drive a vehicle; or b. occupy the driver’s
seat of a motor vehicle the engine of which is running, while the concentration
of alcohol in any specimen of blood taken from any part of his or her body is not
less than 0,05 gram per 100 millilitres, or in the case of a professional driver
referred to in section 32, not less than 0,02 gram per 100 millilitres.
Don't get caught drinking and driving this festive season
It, therefore, provides that no one shall drive or even occupy the driver’s seat of a motor
vehicle (whilst the engine is running) on a public road if their blood alcohol content is
over the legal limit or if they are under the influence of an intoxicating drug.
DRIVING WHILST UNDER THE INFLUENCE OF INTOXICATING LIQUOR
ALTERNATIVELY DRIVING WITH AN ALCOHOL BLOOD CONCENTRATE
EXCEEDING 0.05/ 0.02 PER 100 ML:
The Act makes a clear distinction between professional drivers and normal driver by
stating that professional drivers have a higher test to pass by limiting their alcohol usage
as follows – “the concentration of alcohol in any specimen of blood taken from any part
of his or her body is not less than 0,02 gram per 100 millilitres”.
For normal day to day drivers who do not earn a living by driving a motor vehicle is
currently measured as “the concentration of alcohol in any specimen of blood taken
from any part of his or her body is not less than 0,05 gram per 100 millilitres”.
WHAT IS THE LEGAL PROCESS OR CONSEQUENCES IF YOU ARE CAUGHT
DRIVING UNDER THE INFLUENCE?
1. You will be arrested for being over the limit:
If you are suspected of drinking and driving, you will be breathalysed. If the breathalyser
tests positive (and you are found to be over the legal limit), the police officer is entitled,
under Section 40(1) of the Criminal Procedure Act 51 of 1977 (hereinafter referred to as
the “CPA”) to formally arrest and charge the accused with the offence of contravening
section 65(5) of the Act, which prohibits driving while under the influence of intoxicating
liquor or drugs.
Do not resist arrest or become violent under any circumstances as such behaviour may
prejudice your chances of being released on bail. You must be treated with dignity and
your rights must be read to you – including your right to remain silent and your right to
phone one person to inform them of the situation (call your attorney, family or a friend).
You must provide the officer with your full name and address. The address being the
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