“On my way on holiday, the traffic police had a big roadblock where they
appeared to be arresting people. I asked one of the traffic officers what was
going on and he said they were arresting people for outstanding traffic fines.
I pay my fines, so I have little sympathy for people that don’t, but I was still
wondering what happens if you were to get arrested at such a roadblock and
what you should do?”
Firstly, it must be understood that you can be arrested for outstanding traffic fines. Importantly though, this can only happen where the fine was either personally handed to you or where a summons was properly served on you in relation to a fine, such as for example, a camera fine for speeding which was not paid in the prescribed time. Only these documents will have a court date on them before which this payment of the fine must be made. Should you choose not to settles the fine, representations can be made to the prosecutor of the relevant court or you can attend this court before which you will have to state your case.
However, if you neglect or choose not to exercise any of the above mentioned options, your case will be callsed on the due date and because of your absence, a warrant of arrest may be authorised/issued by the magistrate for failure to appear in court.
Such a warrant is issued under the Criminal Procedure Act 51 of 1977 and is just as serious as a warrant of arrest for any other crime, and unfortunately could be arrested anywhere, such as at a roadblock or airport, with the main purpose of the warrant to bring you to the appropriate court.
Should you be pulled over at a roadblock and made aware that you are placed under arrest due to the warrant, you have the right to request to see the warrant and it may be presented to you, but the officer in turn has the right to detain you for a reasonable period of time while they obtain the original document before formally arresting you.
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 were infringed upon.