THE Free State High Court has set aside a drunk driving conviction against a local man, Jacques Jerline, citing multiple procedural errors by the Dealesville Magistrates Court.
He was convicted after pleading guilty to driving under the influence on 21 February 2020 in Boshoff.
Jerline was fined R5 000 or 10 months’ imprisonment, suspended for five years.
However, the High Court found the trial flawed, with the plea not covering all elements of the offense.
Key issues included that the alternative charge of driving with excessive blood alcohol was not properly put to Jerline, and no plea was recorded.
Jerline’s written plea claimed he was in a “sound and sober state” during the incident.
No evidence confirmed his blood alcohol level exceeded the legal limit within the prescribed timeframe.
According to the High Court, the magistrate failed to conduct a proper inquiry into whether Jerline’s driver’s licence should be suspended.
Judges Van Rhyn and Van Zyl, in their judgment delivered on 20 December, ruled that the trial court’s handling of the plea and sentencing failed to meet legal standards.
“The accused must be informed clearly of the case against them to ensure a fair trial,” the judgment stated.
The case has been referred back to the Dealesville Magistrates Court for a new trial before a different magistrate. – Staff Reporter