Footage of JMPD restraining a woman

[CorditeCrazy]

Yes.

That’s just messed up.

[Finkelstein]

And medical malpractice? No gloves, no uniform etc?

I can not comment for the SA Nursing Council, seeing that as a doctor I am registered with the HPCSA and not them.

It is not a crime to assist the SAPS/MetroPolice to full fill their mandate. I have drawn blood after applying pepperspray to a fighting drunk drivers, but I am smart enough not to do it with family members looking on. If you are arrested and on a body receipt, you are Government property unfortunately, and have no right to accompanying family members. Same thing with rape-accused and criminals blood for DNA.

Gloves is personal protection equipment and as far as I know is the Gauteng Department of Health bankrupt. In January this year were they not able to pay all doctors in their service in Gauteng. Uniform is also not a must, but you should according to Batho Pele Principles identify yourself to the person involved.

Having said all of this- if you are not under the influence of alcohol or other drugs while being pulled over, do not argue, go along to the Police Station and Hospital and have your bloods taken and then politely ask back at the Police Station to phone your lawyer. As a smart member of society you should have at least one lawyer with Criminal Defence background number on your phone. Then sue them later on for all the mistakes they made and deal with it that way. Just have at least 100k and 5 years available to be able to sue them. I have sued the SAPS successfully for my purpose.

Lastly- sharing video content that you want to use in court later now on social media is plain stupid.

[DaavG]

I haven’t done enough of those cases to see a charge of defeating the ends of justice, but it makes sense.

The thing is, you can also be charged for “driving while under the influence of alcohol or other narcotic substance” without a breath or blood sample being taken, and it is mostly based on the evidence of the arresting officer, about your demeanour and his other personal observations. It’s a more difficult charge for the state to prove, but also carries heavier penalties.

Skaaphaas, reading this https://regsdienste.solidariteit.co.za/en/criminal-law/ it says you cannot be arrested (different to charged?) on suspicion of driving under the influence?

2 other points for the link I posted:

• The police officer is legally obliged to take the arrested person to a registered medical practitioner if blood tests have to be taken. The police officer may exercise the necessary violence that will force the person to provide a blood sample.
• 5. the right to be examined in a place that is designed and equipped for this purpose – not a police cell, charge office or poorly equipped spot.

Difficult to know what transpired in the video, difficult to determine if the nurse is a registered medical practitioner (I assume a nurse by definition meets the registered practitioner?) where this occurred meets the 2nd point?

[Finkelstein]

Skaaphaas, reading this https://regsdienste.solidariteit.co.za/en/criminal-law/ it says you cannot be arrested (different to charged?) on suspicion of driving under the influence?

2 other points for the link I posted:

• The police officer is legally obliged to take the arrested person to a registered medical practitioner if blood tests have to be taken. The police officer may exercise the necessary violence that will force the person to provide a blood sample.
• 5. the right to be examined in a place that is designed and equipped for this purpose – not a police cell, charge office or poorly equipped spot.

Difficult to know what transpired in the video, difficult to determine if the nurse is a registered medical practitioner (I assume a nurse by definition meets the registered practitioner?) where this occurred meets the 2nd point?

A Profesional Nurse is not a Registered Medical Practitioner, which is the HPCSA term for a qualified and registered Doctor.

On being arrested- the SAPS arrest people for using Arabic for Infidel, so that is very nice to say, but in practise will all proper Police members will arrest you when suspecting that you are driving under the influence.

[DaavG]

A Profesional Nurse is not a Registered Medical Practitioner, which is the HPCSA term for a qualified and registered Doctor.

On being arrested- the SAPS arrest people for using Arabic for Infidel, so that is very nice to say, but in practise will all proper Police members will arrest you when suspecting that you are driving under the influence.

Thanks for clearing that up Finkelstein. Agreed in practise that the experience will be different and probably far more traumatic. But if due process not followed then I guess the likelihood of successful prosecution would be almost zero?

[ady]

makes no difference dude

they pulled me over stating I was going 121 in a 80km zone (i had four cars in front of me and one over take me)
they showed me a number on the scanner, no photo or proof of my vehicle or me speeding

took my drivers license and told me I'm under arrest
when I said ok lets go to the station he was in shock

30 min later I ask again are we going or not? He says what you wanna do?

i say what you gonna do with my gun?

gun!! what gun?

i make safe and hand over, plus 6 mags, oke eyes nearly fall out his head now he has my gun in hand, drivers license in other, showing all the taxis he pulled over i have a gun
then tries to book me for hollow points

again I say lets go to the station (This is RURAL KZN by the way, and my wife is in the car, i smelled a rat)
he says what you wanna do

i say well fuck I'm not giving you money

he asks if he can have a bottle of booze off my back seat


ABSOLUTE POWER HUNGRY DOGS

Same situation happned to a friend of mine in the rural EC. He and his wife were travelling back home. Although he didn't have 6 magazines :)

They eventaully let him go.

[GAZZAMCK]

Same situation happned to a friend of mine in the rural EC. He and his wife were travelling back home. Although he didn't have 6 magazines :)

They eventaully let him go.

you get to that point where you go do i submit and let him do what he wants

or do you push back a bit and see what he is angling for

I was on the fence as we were alone and he basically could have just locked me up

the gun was like a "oh fuck thats paperwork for me" moment


by the way if ANY cop takes you to show you rules and reglations in his book, in the boot of the vehicle, that means he wants a bribe

i never knew this, so i think my ordeal was drawn out because he was waiting for cash

[Skaaphaas]

Skaaphaas, reading this https://regsdienste.solidariteit.co.za/en/criminal-law/ it says you cannot be arrested (different to charged?) on suspicion of driving under the influence?

2 other points for the link I posted:

• The police officer is legally obliged to take the arrested person to a registered medical practitioner if blood tests have to be taken. The police officer may exercise the necessary violence that will force the person to provide a blood sample.
• 5. the right to be examined in a place that is designed and equipped for this purpose – not a police cell, charge office or poorly equipped spot.

Difficult to know what transpired in the video, difficult to determine if the nurse is a registered medical practitioner (I assume a nurse by definition meets the registered practitioner?) where this occurred meets the 2nd point?

They don’t use the breathalyser to charge you anymore. They use the breathalyser to give an indication of alcohol-use levels, and if over, they have sufficient reason to arrest you, and have a blood sample taken.

[GAZZAMCK]

well in kzn we have these new machines that print a slip
so sensitive they had to be adjusted for medication

and we have been told that this will be used as evidence in court and you will be arrested on the spot
they will not take you for blood

[Skaaphaas]

well in kzn we have these new machines that print a slip
so sensitive they had to be adjusted for medication

and we have been told that this will be used as evidence in court and you will be arrested on the spot
they will not take you for blood

It is possible. The Draeger system was ruled as not accurate enough to prove “beyond reasonable doubt”. That was quite a few years ago, it may very well be that Draeger has refined it now.