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Criminal Law [2021] ZAWCHC 262

Van der Bank v S (A53/2021)

Van der Bank v S (A53/2021) [2021] ZAWCHC 262; 2022 (1) SACR 307 (WCC) (10 December 2021)

The court held that the two-hour period contemplated in section 65(2)(a) of the National Road Traffic Act commences at the time the driving stops, not at the time of arrest. The State failed to prove beyond reasonable doubt that the blood sample was drawn within two hours of the cessation of driving, as the evidence showed the driving stopped at approximately 01h15 and the blood was drawn at 03h29, outside the prescribed period. Consequently, the statutory presumption under section 65(3) could not apply, and the State did not establish the appellant's guilt beyond reasonable doubt. The convic…

  • Driving Under Influence
  • National Road Traffic Act
  • Presumption Of Alcohol Content
  • Evidentiary Presumptions
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