Petition Demands Explained:
We are slowly loosing the battle for safe clean roads and Drunk Driving has become a norm and standard for most South African drivers. This disgusting cultural disease which are gripping our nation must be eradicated. Below is a breakdown of what we demand from Government and Parliament. Simply said we need the old, outdated acts/laws to be amended and new laws to be written to curb this infestation.
The concerns about road safety and the prevalence of drunk driving in South Africa are indeed pressing issues. The current legal blood alcohol content limit is 0.05 grams per 100 millilitres, and there are proposals to amend this to a zero-tolerance policy, which would prohibit any detectable amount of alcohol in drivers’ blood or breath. Drunk driving is a criminal offense under the National Road Traffic Act, and convictions can lead to severe penalties, including up to six years in jail, fines up to R120,000, and a criminal record that can impact one’s life significantly. It’s clear that the enforcement of these laws, along with public education about the dangers of drunk driving, are crucial steps in combating this challenge. The government’s commitment to revising and strengthening legislation can play a vital role in ensuring safer roads for all.
It is only when we stand up together, when we will be heard!
Our List of Demands:
– a Drunk driver causing an accident where there is an other vehicle involved, should be charged with assault with a deadly weapon or at least attempted murder, not just a slap on the wrist.
– First-time offenders should not receive preferential treatment.
– Quicker turn around for convictions in Drunk Driving Cases.
-Quicker processing of Blood Test Results (normally about 6 months)
– Independent agencies need to be used for Blood Results – insuring fast Blood Test results.
– If a Drunk Driver is injured on scene a Blood Sample needs to be taken without consent.
– If a Injured Drunk Driver will be airlifted from the scene – a Blood Sample needs to be taken without consent before airlifted.
– The recommended 2 hour time limit for obtaining an evidentiary sample (BAC) should be extended to at least 3/4 hours and should only be seen as a guideline and not a rule. If a suspected drunk driver still has any traces of alcohol in his blood stream after 4 hours or even 6 hours, a blood sample can still be used as evidence to prove that he, was drunk when arrested.
– Police officers need to be made aware of the importance of the 308a form and REQUESTING a Blood Sample at all costs when a driver is suspected of Drunk Driving but injured on scene and needs immediate medical attention.
IMPORTANT – before any examination, it is important that a written request from a police officer to conduct the examination (SAP 308(a)) – this is a document requesting the examination of a person that is arrested.
– Proper training in identifying a Drunk Driver.
– Proper Training in using of Breathalyzer Units.
– Educating Youth about the consequences of Drunk Driving.
– Laws regarding Drunk Driving need to be amended.
– If a Drinking institutions or any one in possession of a Liquor license which serves liquor on their premises are found:
• Serving too many drinks to one individual – fully knowing that the punter will be driving and does not arrange alternative transportation for the punter – then the drinking institutions should be also charged with Negligence, aiding and abetting a Drunk Driver.
o If the punter refuses the alternative transportation – the drinking institutions should obtain the drivers keys and call the police.
• Serving too many drinks to one individual – fully knowing that the punter will be driving and that punter causes an accident – then the drinking institutions should be also charged with Negligence, aiding and abetting a Drunk Driver or worst case scenario loss of life – Vehicular Homicide.
• If Drinking institutions are found guilty a penalty fee – jail time or liquor license needs to be revoked.
– Penalties and Jail sentences needs to fit the crime e.g.
• A Driver arrested for drunk driving should pay either R120 000.00 or 6 years imprisonment or license revoked and 10 years criminal record.
• A Driver causing an Accident while under the influence of Alcohol should pay a fee of R240 000.00 or 12years imprisonment and 20 years criminal record.
• A Driver causing an Accident and there is loss of life should pay either R1 000 000.00 or Life in prison and 50 years criminal record.
– Officers found to have taken bribes or found negligent should get the same sentence as a convicted drunk drivers.