# Drunk driving possibly elevated to murder and rape category



## Hooked (6/11/18)

I'm posting this in a separate thread from the usual Cape Town one, because it applies to everyone - particularly with the "festive" season approaching.

*Drunk driving to be elevated to murder category*
https://www.capetownetc.com/news/drunk-driving-elevated-to-murder-category

New changes being pushed by the Road Traffic Management Corporation (RTMC) may mean tougher rules for drivers found guilty of drunk driving will be applied.

As reported by the Sunday Times, the RTMC made a proposal to the Department of Justice that driving under the influence (DUI), negligent driving and speeding, be reclassified within the Criminal Procedure Act.

One of the main changes made will affect DUIs specifically – the suggested changes will mean that driving under the influence will go from a Schedule 2 to a Schedule 5. Effectively, this means that drunk driving will fall within the same category as rape and murder.

Arrested drivers may also now spend seven days behind bars before they will even be considered for bail.

Speaking to the Sunday Times, Makhosini Msibi, CEO of the RTMC, said that the proposed changes were suggested due to the financial costs of road accidents for government. He added that the system, however, is flawed as offenders are often back on the streets within hours of being released from jail.

“Currently, if we arrest you for drunk driving you can be granted bail in terms of section 59 of the Criminal Procedure Act, and the senior person at the police station can offer bail,” Msibi said. “But if we then escalate it to Schedule 5 or Schedule 6, it should be a formal bail application in court. Above all, it must not be automatic, you must spend seven days before you can bring the application for bail.”

Reactions: Like 2 | Informative 1


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## Rob Fisher (6/11/18)

Fully support this move!

http://www.mandy.co.za/

Reactions: Like 1 | Agree 5


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## RainstormZA (6/11/18)

Rob Fisher said:


> Fully support this move!
> 
> http://www.mandy.co.za/


Me too. Too many irresponsible drivers under the influence.

Reactions: Like 1 | Agree 2


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## Salamander (6/11/18)

About time that the authorities take DUI is taken seriously

Reactions: Like 1 | Agree 2


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## M.Adhir (6/11/18)

I fully support this move. Too many out there that go on the 'just one drink' or 'just one more' and believe it has no impact. People fail to account for others, and don't realise the impact that 'one drink' and getting behind the wheel can have. The advent and pace of technology have removed all excuses. If you can afford to drink outside of home, you can afford an uber or taxify to drive you around afterwards.

Reactions: Like 1 | Agree 3


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## zadiac (6/11/18)

As a cop, I have seen too many times what drunk drivers can do to innocent people. I support this completely. They should've done this a long time ago.

Reactions: Like 1 | Agree 5


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## Raindance (6/11/18)

Now to get the same applied to texting drivers.

Regards

Reactions: Like 2 | Agree 5 | Winner 1


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## M.Adhir (6/11/18)

I have to agree with this. The amount of people this side of JHB that are text and drive regulars. And don't realise how close to your bumper they actually are. 



Raindance said:


> Now to get the same applied to texting drivers.
> 
> Regards

Reactions: Like 2 | Agree 1


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## Bulldog (6/11/18)

Rob Fisher said:


> Fully support this move!
> 
> http://www.mandy.co.za/


Wow @Rob Fisher that is truly inspiring, this sentence gave me goosebumps after reading Mandy’s story "Don't feel sorry for me, feel inspired by me”
I can tell you one thing, I don’t drink and drive for the fear of being caught, no more will that be my reason but instead it will be for the fear of being the cause and bringing so much anxiety and heartache to an innocent family.

Reactions: Like 2 | Agree 1 | Thanks 1


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## lesvaches (6/11/18)

this would be the one thing this government has done right in 2018

Reactions: Agree 1


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## Hooked (6/11/18)

At a winery close by:

Reactions: Like 1 | Winner 1


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## Darius1332 (7/11/18)

I am going against the crowd here and say this is ridiculous. This is at the point of assuming guilt and having to prove innocence. We have notoriously inaccurate testing equipment in this country unless you go the blood test route. We have cops that will arrest people for 'smelling of alcohol' without proper testing. On top of all this we have the inhumane treatment of prisoners and deaths cause by mistreatment such as not allowing people to get medicine that they need. All this will do is make the problems much worse and I fear opening much bigger doors for 'bribes' or having to spend a week in jail before being released because proper procedure was not followed.

We already have laws that cover what would happen if an intoxicated driver causes accidents or deaths that is at this rating such as negligent homicide. Until we have proper enforcement of the laws we do have and can trust the police force we should not have new laws that will severely impact innocent people and infringe on due process. 

TL/DR: We don't need new laws, we need proper enforcement of what is there and a criminal procedure system we can trust run by honorable people.

Reactions: Agree 5


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## Adephi (7/11/18)

Darius1332 said:


> I am going against the crowd here and say this is ridiculous. This is at the point of assuming guilt and having to prove innocence. We have notoriously inaccurate testing equipment in this country unless you go the blood test route. We have cops that will arrest people for 'smelling of alcohol' without proper testing. On top of all this we have the inhumane treatment of prisoners and deaths cause by mistreatment such as not allowing people to get medicine that they need. All this will do is make the problems much worse and I fear opening much bigger doors for 'bribes' or having to spend a week in jail before being released because proper procedure was not followed.
> 
> We already have laws that cover what would happen if an intoxicated driver causes accidents or deaths that is at this rating such as negligent homicide. Until we have proper enforcement of the laws we do have and can trust the police force we should not have new laws that will severely impact innocent people and infringe on due process.
> 
> TL/DR: We don't need new laws, we need proper enforcement of what is there and a criminal procedure system we can trust run by honorable people.



I'm going to go with you on this one.

My view is no matter what the punishment people will still take chances. You will still find drunken people driving. Just like you will still find murderers and rapists in countries with the death penalty.

But I do hope that the idea of spending Christmas and New Years in the tjoekie with Buba will make people more responsible.

Reactions: Agree 2


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