The Johannesburg Metropolitan Police Department has launched an investigation into a video doing the rounds on social media. It shows an officer restraining a woman, while another person, supposedly a nurse, draws blood from her. It shows an officer restraining the one woman, while another person, supposedly a nurse, draws blood from her. No surgical gloves were used by the “sister”, while a bunch ofpeople laughing her situation? Why using a big metro policeman to restrain the woman and the moment he walks away from her, the woman was quiet at her chair – strange but why did she not ran away at that moment ?
The incident apparently took place at the Douglasdale Police Station.
It’s thought that the woman may have failed a breathalyser test and been taken to the station for blood to be taken for testing.
JMPD spokesperson Wayne Minnaar says motorist arrested for drunk driving should expect to be breathalysed and have a blood test done.
“If one gets arrested for drunk driving you must expect to be taken for a blood test.”
Minaar, however, confirmed that an investigation is underway to find out what happened leading up to the blood test in this case.
“There is an investigation underway to find out what happened before the blood test in this particular case. Standard procedure is that when you are suspected to be drunk behind the wheel, the officer can do a blood test on the road or at a police station.”
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The National Road Traffic Act 93 of 1996 stipulates:
a. Blood alcohol levels may not exceed 0.05g/100ml for normal drivers and 0.02g/100ml for professional drivers. Thus drivers with PrDP.
b. Breath alcohol levels may not exceed 0.24mg/1000nl for normal drivers and 0.10mg/1000ml for professional drivers.
c. No person detained for blood alcohol testing may consume any substance that contains alcohol unless he or she is instructed to do so or administered by a doctor.
d. A person detained may not smoke until his or her breath has been tested – important question to ask before a breath test is done.
e. A person detained may not refuse to have a specimen of blood or breath taken, HOWEVER the Constitution of the Republic of South Africa Act 108 of 1996 (ss12 (2) and 14) states
a. Everyone has the right to bodily and psychological integrity, which includes the right to security in, and control over their body
b. Everyone has a right to privacy
c. The taking of blood without consent may amount to a breach of the above
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f. AND the CRIMINAL PROCEDURE ACT 51 of 1977 (s37) states
a. Any doctor or registered nurse may obtain a blood sample from an accused at the request of any police officer
b. Any doctor attached to a hospital who believes that a patient is under the influence of alcohol may obtain a blood sample which may be relevant at a later criminal proceeding.
The examination should be respected:
i. Conduct the examination in a well-lit private room or area which is suitably equipped
ii. Findings of the examiner and opinion of the examiner should be recorded in duplicate on a GW 7/54
iii. The accused should be offered to place a call, it his or her own cost, to a medical practitioner of his or her choice should it be requested. However the medical practitioner’s arrival should not unnecessary delay proceedings.
iv. If it the accused is a female, it is advised that an independent female be present during the whole examination even if the examiner is female
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When it comes to drawing the blood of a suspected drunk driver, Section 65 (9) stipulates that the drunk driver is not permitted to refuse permission for a blood sample to be taken, but can insist to have their doctor present. The driver can also insist on being shown the syringe and needle that will be used on him/her. Very rarely are police officials tasked with drawing blood, with Section 37 (2) (a) stipulating that prison medical officers, district surgeons, registered doctors or nurses are allowed to take a blood sample. In the video, another woman that appears to be handling medical equipment can be seen, but it is not yet clear if this was the nurse on duty tasked with drawing the hysterical woman’s blood. JMPD spokesperson Wayne Minaar told The Citizen that they are aware of the incident, with MMC for public safety Michael Sun clarifying that the woman failed her breathalyser test, which necessitated the police officer to arrest and escort her to the Douglasdale police station for further processing. “I have noted with concern a video circulating on social media of a woman being restrained by [a] Johannesburg Metropolitan Police Department (JMPD) officer while another person, purported to be a nurse, appears to prepare to draw blood from the resident,” Sun said in a statement. “The individual had allegedly failed a breathalyser test necessitating JMPD to arrest and take her to the Douglasdale Police Station, north of Johannesburg for further processing.” Sun said the law did not permit a police officer to physically restrain a person who refused to provide a blood sample for law enforcement purposes. “The City, on noting this incident, has already commenced an internal investigation into the events leading up to the incident as well as to determine whether the appropriate use of force was used by law enforcement officials.”
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IT IS SAFER – DRIVE BACK WITH AN UBER !
DO NOT DRINK AND DRIVE
https://www.arrivealive.co.za/How-Much-Is-Too-Much-To-Drink-Before-I-Drive
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ONAFHANKLIK 