questions also to be avoided in respect of issues of fault and grounds of defence. Plea Section 112 (1)(b) Charge of driving under the influence Not – – – sufficient when accused admits he was drunk when driving vehicle Court – from its questioning must be satisfied that faculties of accused were impaired and driving skills affected. Criminal law Traffic offences Contravention of s 82(1) of Road Traffic and – – Transport Act 22 of 1999 Driving motor vehicle on public road under – influence of intoxicating liquor Not sufficient to prove that accused – consumed liquor. Summary: To prove a contravention of s 82(1) of the Road Traffic and Transport Act 22 of 1999, ie driving under the influence of intoxicating liquor, there must be proof that the accused’s faculties had been impaired when driving a vehicle on a public road. Accused pleaded guilty to a charge of contravening s 82 (1) and during question admitted that he was drunk while driving on a public road. The court, in convicting, accepted the accused’s mere say-so without ascertaining whether the accused’s faculties were indeed impaired whereby his driving skills were affected. Conviction set aside. ORDER The conviction is set aside. The matter is remitted to the same court with the direction to comply with the provisions of s 112 (1)(b) of Act 51 of 1977; alternatively, to enter a plea of not guilty in terms of s 113 of the Act and proceed to trial. ______________________________________________________________ JUDGMENT
questions also to be avoided in respect of issues of fault and grounds of defence. Plea – Section 112 (1)(b) – Charge of driving under the influence – Not sufficient when accused admits he was drunk when driving vehicle – Court from its questioning must be satisfied that faculties of accused were impaired and driving skills affected. Criminal law – Traffic offences – Contravention of s 82(1) of Road Traffic and Transport Act 22 of 1999 – Driving motor vehicle on public road under influence of intoxicating liquor – Not sufficient to prove that accused consumed liquor. Summary: To prove a contravention of s 82(1) of the Road Traffic and Transport Act 22 of 1999, ie driving under the influence of intoxicating liquor, there must be proof that the accused’s faculties had been impaired when driving a vehicle on a public road. Accused pleaded guilty to a charge of contravening s 82 (1) and during question admitted that he was drunk while driving on a public road. The court, in convicting, accepted the accused’s mere say-so without ascertaining whether the accused’s faculties were indeed impaired whereby his driving skills were affected. Conviction set aside. ORDER The conviction is set aside. The matter is remitted to the same court with the direction to comply with the provisions of s 112 (1)(b) of Act 51 of 1977; alternatively, to enter a plea of not guilty in terms of s 113 of the Act and proceed to trial. ______________________________________________________________ JUDGMENT
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