Arrive Alive

Drunk Driving and Breath Testing

Prosecuting Guidelines for Evidentiary Breath Testing Machines ( EBTM)

1. General Guidelines for Prosecution in Drunk Driving Cases

1.1. The fact that neither a blood nor a breath sample can be obtained does not preclude a prosecution on a charge of driving under the influence, if other evidence is available. If, for example, a competent and knowledgeable officer on drunken driving cases is available as witness, his or her evidence may well suffice.

1.2. Section 37 of Act 51 of 1977 is not unconstitutional and accordingly an accused may not refuse that blood be drawn.

1.3. A traffic officer, appointed as a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (GKR. 159 Government Gazette 6295 2 February 1979, as amended) has for purposes of the CPA the same powers as a police officer.  He may therefore request a doctor or registered nurse to draw blood.

1.4. If the holder of a Professional driving permit (Prdp) is charged for driving with excess alcohol in his blood or breath, whilst driving in circumstances where a Prdp is not required, he must be prosecuted for contravention of the section as a normal driver and not a professional driver.  (After implementation of Section 65 of Act 93 of 1996).

 

2. Guidelines for Prosection with Evidentiary Breath Testing Machines

2.1. The equipment may only be operated by a registered traffic officer who must have passed an operator’s course for the particular model of the machine and must be issued with an operator’s certificate of competence.

2.2. The operator must keep in his/her possession the operator’s certificate for the equipment in question or a certified copy.

2.3 Only the equipment which complies with Regulation 332 of the Regulations in terms of the National Road Traffic Act may be used. Equipment must be calibrated at least once every six months by an accredited laboratory and a calibration certificate issued.  A certified copy of the calibration certificate shall be available on site. Equipment that is outside the 6 month period must be recalibrated before it may be used for prosecution purposes.

2.4 After maintenance and repair of the equipment, it must be recalibrated.

2.5 All calibrations, maintenance and repairs shall be recorded in an appropriate equipment service record, which is kept for each unit.

[Information from Technical Committee for Standards and Procedures for Law Enforcement Equipment , November 2005]

Also visit the following sections:

 

Loading...

Search Road Safety Articles

Latest Pages

Safely Driving and Operating Forklifts

Safely Driving and Operating Forklifts

In recent years we shared several incidents from emergency medical services where people were injured in incidents involving forklifts. These included road crashes, rollovers as well as accidents in the loading of these vehicles. Reports also included crush injuries to those operating the forklift

Read More

56 Fatalities in a Year - The Demise of Motorbike Delivery Riders

56 Fatalities in a Year - The Demise of Motorbike Delivery Riders

The rise of online shopping has led to the demise of delivery riders countrywide in South Africa. At what point will South Africans rise, have a conscience and say that the death of a human being is not worth the cost of an on-time delivery? When I was 9 years old, I climbed out of a wrecked car and

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

License / Learner Applications

License / Learner Applications

This was a pass rate of 39.3%. * There had been 1.95 million applications for learners’ licenses of which 1.074 million had been issued or a pass rate of just more than 55%. Reasons for so many failures Asked why there was such a high failure rate and such a long waiting period for licenses,

Read More

Standard Operating Procedures for Arrest and Detention

Standard Operating Procedures for Arrest and Detention

Background Emanating from various consultative sessions which primarily aimed at reducing the number of incidence of civil claims through sustainable professional practice. Therefore, this necessitated Division: Visible Policing to develop a Standard Operating Procedure (SOP) for arrest and detention. A

Read More

Pedestrian safety from snakes and snake bites

Pedestrian safety from snakes and snake bites

Article & photos by Robert McKenzie, KZN Emergency Medical Services Media Liaison Officer INTRODUCTION South Africa has several endemic snake species. Just mentioning the word snake is enough to send cold chills down most people’s backs. Despite, most people having a phobia for snakes.

Read More

Load More Pages

Partners

View All