Arrive Alive

Court Procedure

COURT PROCEDURE

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, 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 and the actual harm or danger caused by his or her driving. It will also consider the time and place of the offence, and 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'.

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.

Loading...

Search Road Safety Articles

Latest Pages

Dashboard Cameras and Buying a Dash Cam for your Drive

Dashboard Cameras and Buying a Dash Cam for your Drive

What are the most important aspects to consider when choosing a dashboard camera? In our opinion, the video quality is the most important. The end-user needs a clear image/recording in the unfortunate event of a car accident. Blurry images/recordings may result in the loss of critically important

Read More

Code of Conduct for Safe Cycling and Sharing Roads Safely

Code of Conduct for Safe Cycling and Sharing Roads Safely

Checklist before riding: 1. Prepare and check your equipment to be in perfect condition for the road (greased chain, correct tyre pressure, brakes, lights, gear, etc.) 2. Bring a repair kit (pump, etc.) and rely on yourself in case of an emergency. 3. Protect Yourself: Wear appropriate clothes

Read More

K53 Driver Licence Test

K53 Driver Licence Test

K53 Driver Licence Test K53 is the term for the current driver licence test. The number given to the test was based on proposals submitted in the 1980's and then the reworked versions were upgraded numerically. Test number K53 was finally accepted as the way to test aspirant drivers. This

Read More

Safety on the Road to Sports Stadiums

Safety on the Road to Sports Stadiums

Introduction South Africa is experiencing a huge inflow of visitors to sports events. The country has been recognized as an excellent host nation for sports events, and international competitions in cricket, rugby and football are attracting many of these visitors. We have experienced amazing interest

Read More

What would be the Best Photos to take at the Scene of a Road Crash?

What would be the Best Photos to take at the Scene of a Road Crash?

Much has been written about the dangers of cellular phones and the need to avoid them as typical distractions while driving. Modern-day cellular phones with built-in cameras could however also be a very important tool to gather evidence at an accident scene. The Arrive Alive website has approached well

Read More

Legal Duties after a Collision and Road Crash

Legal Duties after a Collision and Road Crash

A road crash happens fast and is a traumatic experience. It may leave you shaken, injured and unable to think clearly. For those reasons, it’s a good idea to review what to do if you’re in a road accident now. Then, if you’re ever involved in a crash, it will be easier to respond

Read More

Load More Pages

Partners

View All