Drunk driver - just hide and get away with it!

[marko35s]

How do you know that site was around?

Well...

Google is your friend. Honest.

[gummibear]

Ja ja...

[GaryvdM]

Wrong forum mate, you want this place -

http://www.collarme.co.za/index.php

 

Please put a warning on that. NSFW!

[Wil6]

Please put a warning on that. NSFW!

Ja nee dis nie krieket 9uur in die oggend nie

[NixM]

Yes, I would think you can.

 

Lawful Citizens' Arrest

THE SOUTH AFRICAN CRIMINAL PROCEDURES ACT OF 1977, ACT 51, SECTION 42, says concerning an "Arrest by private person without warrant":

1. ANY PRIVATE PERSON MAY WITHOUT WARRANT ARREST ANY PERSON - (A) WHO COMMITS OR ATTEMPTS TO COMMIT IN HIS PRESENCE OR WHOM HE REASONABLY SUSPECTS OF HAVING COMMITTED AN OFFENSE REFERRED TO IN SCHEDULE 1

 

Schedule 1 Offenses

 

» Malicious damage or injury to Property ^[2|3|5]:

EDIT: there are many other schedule 1 offences, but I thought maybe this one could also be relevant.

 

 

Summary

AUTHORIZED TO ARREST

 

» Any South African citizen may arrest anyone who commits or attempts to commit a Schedule 1 offense.

 

» Any South African citizens may arrest anyone who he/she reasonably suspects of having committed a Schedule 1 offense.

 

» Any South African citizen may arrest anyone attempting to escape a security officer, police officer, detective, or national security officer.

 

She was taken into the house within minutes of the accident before we even got out of the car.

Our private security company was on the scene but they said they couldn't go into the house, were she was hiding, without the owners permision.

 

At the station the cops said that fleeing the scene of an accident is a criminal offence and they will go "visit" her today, not sure if they will but I hope she is stressing big time.

[Eugene Oppelt]

Just glad you're oraait

Phew!

[nonky]

Sorry to hear - SAPS will do NOTHING. I was the victim of a hit-and-run. Despite the guy's number plate remaining behind, the SAPS did NOTHING. "Could not gain access to premises of suspect" was their excuse, even tho they could SEE the smashed car parked in his driveway.......case CLOSED ('unsolved"). I was left with smashed car & massive insurance excess

[nolipoli]

Nonky, you should have put your insurers onto it. They have a big financial incentive to pursue it, and the clout to make it happen.

Edited August 13, 2014 by nolipoli

[DirtyFrank]

I have had a similar case a number of years ago when my mother T-boned a drunk driver, the cops didn`t pitch and the heavily intoxicated driver left the scene on foot, when we tried to stop him he threatened us with an assault case, we had to let him go. Eventually a metro cop pitched and we escorted him to the house of the driver which happened to be 2 blocks up the road, the driver opened the door and led us to his bar which had an open bottle of whisky on it and attempted to convince everyone that he was so shocked that he had a drink to `calm his nerves` hence he was now intoxicated.

The cop was useless and simply shrugged his shoulders but he did warn the driver to appear at the police station the next morning to make a statement. Next morning the old bastard pitches and wants to lay a charge against my mom for speeding and reckless driving( he was driving an BMW 850 and my mother a 15 year old honda ballade auto ) his car was totalled and she did not have any insurance, the claim would have been immense.

I laid a charge against him for D.U.I. as a counter. Fortunately we a few witnesses who supplied us with affidavids in support of this. End of this long story is that we spent 3 days in the Hillbrow magistrates court and eventually won the case, largely because his lawyer was incompetent and the Judge was a sharp(Muslim) lady with no tolerance for alcohol abusers. The prosecuter was useless and I ended up having to do most of the arguing myself. After the Judge found him guilty I put a claim in for the damages to my mothers car which the Judge ordered him to pay. He still had the gall to clam he was a pensioner and could not afford to pay it ( He lived in a LARGE mansion, all in his wifes name of course.) I requested a little private meeting with him and his lawyer in the prosecutors chambers and reminded him that SARS would be very interested in his and his wifes affairs since they were so poor and drove a Jensen Interceptor and an 850 BMW etc. This convinced him to pay up promptly, the Judge witheld sentencing till after he paid up.

It was a small amount and my time wasted on this c*nt was way more than the claim but I`d hate to think how this would have ended up if I had not gone for him. My mom has not driven since then.

 

I am sure you have reported the accident already.

1. Lay a charge against her for D.U.I., reckless driving and leaving the scene of an accident.
    
   
2. Make sure that all your witnesses submit affidavids.
    
   
3. Let your insurance deal with it from there.
   

Edited August 13, 2014 by DirtyFrank

[Carmichael]

Isn't it better for you to not have them tested? If they are drunk their insurance won't pay out and yours will have to fit the bill?? Just asking

[DIPSLICK]

NEVER Underestimate insurance companies willingness to get out of paying,,,,,find out who is the insurer you can make huge mess for the driver,

[NixM]

Isn't it better for you to not have them tested? If they are drunk their insurance won't pay out and yours will have to fit the bill?? Just asking

 

That's what the tow truck drivers said to me, if she is found drunk her insurance won't cover her and we would have to claim the excess back from her personally - a long legal process.

[DIPSLICK]

That's what the tow truck drivers said to me, if she is found drunk her insurance won't cover her and we would have to claim the excess back from her personally - a long legal process.

this is true, but wouldnt you rather let the drunk pay 100% of her bill, than you pay a couple of grand, hell even if my excess was 20k, i would make sure she pays the full damage rather

[BLACKvoodoo]

+1, you should have hogtied her ass!

 

Joh! , Rohypnol much??