Page 91 - Q&A 2019/2020

and be able to provide you with his appointment certificate upon your request.
If your rights are infringed upon at any stage of these proceedings, it is highly
advisable not to be rebellious or be aggressive towards the officer in question.
Remain calm and handle the situation with the necessary decorum, noting
which rights where infringed as well as the identity of the officer doing so.

At this point it is highly advisable to phone and inform your attorney that you
were arrested and where you will be taken and if any rights where in fact
infringed.

Although practices may vary from province to province, generally you will either
be taken directly to court (if the time of day permits this) or to the police station
nearest to the roadblock. Here you will be given the option to either pay an
admission of guilt fine and be released, or you can elect to be brought before
the relevant court indicated on the relevant summons.
If you elect not to pay, it must be noted that you will be detained until you can
be brought before the relevant court. This means if the roadblock is outside of
Bloemfontein and the warrant for your arrest was issued in Colesberg, you will be
taken there and detained until your appearance before that court.
Generally, paying the admission of guilt fine is a good option, especially as this
will not reflect on your criminal record if for minor offences. However, it would
be advisable to talk to your attorney before making any decision as there are
a number of factors to be considered when deciding on the right course of
action.

Generally, though, prevention is better than cure, and it is advisable to be
proactive and deal with traffic fines when you receive them and have peace of
mind when approaching your next roadblock.

Litigation

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