Wednesday, 25 November 2015

Drinking & Driving 101 – what happens next?


Let’s say I get behind the wheel after a few too many drinks. Next I get pulled over by a Police Officer who suspects that I am over the limit… what happens next?

THE PROCESS:



1. Pulled over and the Police Officer suspects that I am over the limit.


2. Breathalyzer proves that I am over the limit (0.24mg per 1000ml).


3. Taken by SAPS member for blood tests at an alcohol testing center.


4. My car may be taken to the Police Station and keys held until my release.


5. Registered medical practitioner takes a blood sample and relevant forms are completed, which includes details of my physical appearance and ability to perform certain tasks, such as the Romberg Test to check my stability or lack thereof. Necessary force may be used. Blood test needs to be performed within 2 hours of my arrest or being pulled over by members of SAPS. I therefore need to make a note of the time period.


6. I should make my phone call to Legal Hero (or a loved one who will alert Legal Hero). Important information: Time of arrest, Police Station where I am being held, Charge, my policy number or ID number, next of kin details.


7. I am placed in a holding cell at the Police Station (usually 4 hours to sober up), but this may vary according to my level of intoxication.


8. During this time Legal Hero contacts the Police Station to firstly confirm my arrest and then to try arrange Police Bail.


9. Once all paperwork has been processed and I am released on Police Bail (with or without having to pay bail) and once sober, I will be informed to return to Court for a quick appearance, which will be my first appearance. My case will then be postponed in order for the State to proceed with its investigation which will included: obtaining witness statements, formal procedures attended to by the arresting Officer (this is called the chain of events), obtaining blood results from the appointed lab. This process of investigation may take several months to complete.


10. Return to court for further appearances and most probably further postponements up until the State has concluded its investigation and is ready to proceed with trial.


11. Final appearance in Court for the hearing/s of my matter.


12. Possible outcome: Criminal record, jail time, large fines and/ or license suspended.


13. There is a small chance that a diversion may be granted (community service/ etc. with no Criminal record).





THE LEGAL LIMIT ACCORDING TO THE ROAD TRAFFIC ACT 93 OF 1996

Breathalyzer: 0.24mg per 1000ml

Blood test: 0.05g per 100ml

Whilst driving a vehicle OR occupying the driver’s seat of which the engine is running… on a public road. 


DO NOT DRINK AND DRIVE. EVEN THE SMALLEST AMOUNT OF ALCOHOL AFFECTS YOUR DRIVING ABILITY. STAY SAFE THIS FESTIVE SEASON.



Monday, 9 November 2015

#Arrest101



An arrest often happens when you least expect it. Sometimes, in less serious cases, you are granted Police Bail. This is when you may leave the Police Station’s holding cell, go home and then return for the Court appearance.

However, sometimes what is required is a formal bail application in Court. This is when you need to remain in the holding cell and wait for your Court appearance (must happen within 48 Court hours).

Just this morning one of our Policyholders appeared in Court following his arrest on Sunday (yesterday). The Legal Hero Policyholder luckily remembered to contact our 24/7 bail line. This morning his Attorney - paid for by Legal Hero at no extra charge/ no excess fee to him - attended to his formal bail hearing in Court and managed to have all charges against our Policyholder withdrawn by virtue of mediation entered into with the State.

Depending on certain factors such as the type of charge involved (the seriousness thereof) and whether the accused has committed any previous convictions, the State is inclined to extend a “helping hand” to an accused who has strayed by referring criminal charges for mediation. This is in an attempt to resolve the matter in an amicable manner between the accused and complainant. However, should the accused try to misuse or make a mockery of the State’s kindness, mediation will not be offered and the case will run its normal course.

Have a great day!

Legal Hero 

www.legalhero.co.za

Thursday, 5 November 2015

October 2015 Hero of the Month Award




Our Hero of the Month Award goes to Warrant Officer Hlela based on his remarkable conviction rate! We applaud his bravery and dedication to the investigation that helped ensure the following convictions and sentences:


1. ACCUSED NO.1: 7 COUNTS OF RAPE: SENTENCE: 7X LIFE IMPRISONMENT; 

2. ACCUSED NO.2: 5 COUNTS OF RAPE: SENTENCE: 5X LIFE IMPRISONMENT AND 12 MONTHS ON COUNT OF THEFT OF CELLULAR PHONE.


From right to left: Pinetown Cluster Commander Brigadier van Rensburg, National Business Executive Mr. Madonda, Warrant Officer Hlela and Vispol Commander Brigadier Mgobhozi. 


We salute the brave men and women in SAPS who keep us safe.


Yours truly, 

Legal Hero 

www.legalhero.co.za