Good day, I need advice because this is ...

Asked by Sibabalwe on 10-01-2020 15:31:31
Question posted in the Criminal Law category relating to Eastern Cape
Question value: R 100.00

Good day, 

I need advice because this is my first ever criminal charge. I was arrested on a roadblock around 9 pm on my way home from a traditional family ceremony on the 16th of December 2019 for DUI. (I was probably left with 800 miters until I get home from a 5km drive).

I honestly believe that I was not drunk because I drank the previous night and slept the whole day.

I think the reason for them to arrest was personal/excessive use of official powers and also believe that they did not follow procedure when they arrested me. 

I was with my brother who was drunk because he didn't sleep and I admit that I reeked alcohol because I didn't wash or change.

A breathalyzer test was only done at the station after an hour or so (the reeding was 0.205) and they took me to the hospital where they drew some of my blood even when I told them that this should be done in the presence of my GP).

I have sleepless nights because I am a second-year law student and I know that a criminal conviction will be very detrimental to my career. 

Kindly advise on what can I do.

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Posted by Att. Patrick on 12-01-2020 09:11:18

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Well, in short, you'll need to wait for the blood results to come back from the SAPS lab, and for the State to decide whether or not to prosecute you. You could have still been drunk 24 hours later if you drank a lot the previous day - so that's not impossible. 

The blood can be taken at any hospital. You can't demand that it be taken by your GP, or in front of your GP. 

Were you arrested and then released on a warning? Did you appear in court? Were you formally charged?

Att. Patrick

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