Drunk drivers to have their vehicles confiscated?
The Cape High Court has recently opened the doors for the Asset Forfeiture Unit to potentially confiscate the vehicles of drunk drivers and speedsters. This is highly controversial in legal circles and has been much debated, however the Arrive Alive Campaign has received praise from members of the public who have been affected by the trauma caused by these offenders.
These drastic measures have been introduced as a result of the unacceptably high amount of drunk drivers in South Africa – as a way to combat these offences. Especially the case of repeat offenders where motor vehicles are involved.
Background on the Incidence of Drunken Driving in South Africa
- During a countrywide survey conducted during 2003, the breath alcohol of 2% of all drivers stopped before 18h00 was more than what was legally permissible. After 18h00, the percentage increased to 5%.
- The blood alcohol levels of 46,5% of drivers killed on South African roads during 2001, was more than what was legally permitted.
- The blood alcohol levels of 18,8% of all drivers killed during 2001 exceeded 4 times what was legally permissible, whilst the blood alcohol levels of 9,5% of drivers killed exceeded 5 times what was legally permissible.
- The incidence of drunken driving in South Africa is unacceptably high and the State has a compelling interest in taking all lawful measures aimed at combating this phenomenon, including, and especially in the case of repeat offenders, preservation and forfeiture of the instrumentalities used in these offences, namely the motor vehicles involved.
The physical effects that alcohol has on your body.
The Conduct that has lead to the Application for a Preservation Order
It is alleged that the driver of the vehicle [the respondent] was involved in several offences for which he is being prosecuted. These include:
- 2 Incidents of driving a motor vehicle whilst under the influence of alcohol – alternatively , driving whilst the concentration of alcohol in his blood was not less than 0.05g / 100ml
- A blood sample taken from the driver at the time of the first incident revealed a concentration of alcohol in his blood of 0.18g/100ml. Given the legal limit of 0.05g/100ml for non professional drivers, the concentration of alcohol in his blood was more than 3 times what was legally permitted.
- A blood sample taken from the driver at the time of the second incident revealed a concentration of alcohol of 0.23g/100ml, which is more than 4 times the legal limit.
- Defeating or obstructing the course of justice having driven away after being stopped by a traffic officer
- Reckless or negligent driving as prohibited by Section 63(1) of the Road Traffic Act
Practical implications of the order
- All persons with knowledge of the order are prohibited from removing, taking possession of or control over ……or dealing in any other manner with the property to which the order relates
- A curator is appointed over the property
- The property may be disposed of the property on 30days notice in the event that the respondent does not meet his financial obligations to the second respondent [ and then only with the consent of the second respondent
- The property may be disposed by agreement with all parties who have a legal interest in the property concerned in order to defray the costs of administering the property
- An application will be made for an order forfeiting the property to the state – and such application may be opposed by someone who has an interest in the property.
This is why you should always wear your seatbelt!
Wendy Watson, the Director of Land Transport Regulation at the Department of Transport indicated, “This course of action is aimed especially at habitual offenders and the most dangerous drivers who continue to drink and drive or travel at very high speeds in spite of being caught. The Asset Forfeiture Unit, together with Arrive Alive and enforcement agencies has identified many dangerous drivers who are repeat offenders over the past few months.”
Source: Arrive Alive