Good dayMy question relates to the Road ...

Asked by Anon on 13-08-2018 17:53:37
Question posted in the Criminal Law category relating to Gauteng
Question value: R 400.00

Good day

My question relates to the Road Traffic Act and Hit and Run crimes specifically. Essentially I want to know if a situation is unsafe and an individual cannot stop immediately, but hits a car, and then reports it at a police station a short while after...

A) does that constitute a hit and run considering the situation was unsafe? 

B) does the unsafe circumstances justify the driving away? 

C) does reporting it fully soon after remove the hit and run element?

For clarity purposes an exact hypothetical example is this: an individual is at a robot, a group of armed men approach the car and attempt to hijack the car while aiming their guns at the driver. The driver pulls away to safety but in the process clips the side of the car in front of them. Obviously it is entirely unsafe to stop at the scene considering there are armed men nearby, but once at safety the other car is long gone and the original driver was unable to get a hold of the other drivers details or registration plate. The driver then reports it at the relevant police station within a few hours.

Would this driver need to be concerned over possible arrest and prosecution relating to hit and run? Especially if the other driver files a complaint and has noted the original drivers registration. Would the SAPS be able to see that the original driver has already lodged an AR?

Essentially is the driver who evaded the danger now at risk of arrest and prosecution or other consequences considering he did not stop immediately at the scene? 

Ask your OWN Legal Question!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.