Court dismisses R2 million claim brought by drunk driver against City of Tshwane
The High Court in Pretoria on Tuesday dismissed a R2 million damages claim brought by a drunk driver against the City of Tshwane.
In 2017, Fatuwani Ramahala was pulled over by metro cops after he skipped a red robot and almost smashed into them.
Officers gave chase when sped off after refusing to get out of his vehicle.
Moreover, the police opened fire on Ramahala.
Ramahala claimed in court that he fled because he thought he was being hijacked. But the judge didn’t buy his version of events.
According to the officers, when they pulled Ramahala over they noticed that his eyes were bloodshot and he smelled of liquor.
He maintained that while he had consumed alcohol the day prior, he had his last drink before 5 pm and claimed his eyes were red because he had been sleeping when his girlfriend called him to come and fetch her.
In rejecting his version, Judge Sulet Potterill points to blood tests taken after his arrest that put his blood alcohol level at point 11g per 100ml, more than twice the legal limit.
Ramahala maintained that when he drove off, he wasn’t trying to evade the police but was instead looking for a police station to stop at because he feared they might be hijackers.
The judge said the truth is that he didn’t want to stop because he was intoxicated while highlighting the fact that in the course of the chase, he bypassed the nearest police station.
Ultimately, she found the use of force was justified in the circumstances.
Ramahala’s claim was dismissed with costs.
-EWN
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