‘You are not obliged to pay fines at a roadblock’ – legal expert

With the increased law enforcement presence on the roads, motorists are urged to understand their rights when approaching a roadblock. 

Bobby Gage, CEO of the National Motorist Association of South Africa and Streetwise Legal, said many drivers are familiar with the frustration of being stopped and feeling pressured to pay fines on the spot.

RELATED: ‘You DO NOT have to pay traffic fines at roadblocks!’ – JMPD

“Statistics on my side show that nine out of 10 motorists are being intimidated or threatened with arrest if they don’t pay at a roadblock… You are not obliged to pay at a roadblock.”

He explained that roadblocks are set up as a convenience for motorists who choose to pay fines immediately, but payment is not compulsory.

In cases involving a warrant of arrest, Gage stresses that only a judicial officer may issue one, not a traffic officer.

He advised motorists to politely decline on-the-spot payment and, if threatened with arrest, to request that a warrant be obtained from the court.

Gage added that traffic officers are required to advise drivers of their rights and clearly explain the reasons for the stop.

Motorists are also entitled to record their interactions with law enforcement for their own protection.

“It is advisable that you record [the interaction] for your own purpose and for the purpose of creating awareness of how many traffic cops out there are invading your space and your constitutional right.”

He added: “Any government official, any traffic cop in a public space, you can record.”

RELATED: Scam alert: Warning over fake traffic fine SMSs

To listen to Gage in conversation with Thabo Shole-Mashao (in for 702’s John Perlman), click the audio player below: