Failing to state name

[cv2000]

My father was a passenger in a car and pulled over for not wearing seat belt.

He got fined 109 for failing to state his name (Section 73.2 in the MVA)http://www.qp.gov.bc.ca/statreg/stat/M/96318_01.htm#section73

I checked out the Motor Vehicle Act for BC


Failing to stop and state name
73 (1) A peace officer may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as a peace officer, must immediately come to a safe stop.

(2) When requested by a peace officer, the driver of a motor vehicle or the person in charge of a motor vehicle on a highway must state correctly his or her name and address and the name and address of the owner of the motor vehicle.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

I don't have to get into specifics but doesn't 73.2 say the owner/driver has to produce documents. I don't see anything saying passengers have to produce ID too.

The judge didn't buy it but I was thinking of appealing it on his behalf his english is kinda shaby.

[Melinda]

If your father was the one getting the ticket I think he has to state his name. If it was the driver, why should the passenger even need to say anything? :dunno:

[JAYMEZ]

I would defiantly appeal it , if the law doesnt state that the passenger has to show it , its the cops fault for writing the wrong section. But im pretty sure , if a cop asks for your name , you must give it.

[cv2000]

Yea that's what I am thinking too there must be some law but I am sure it's not under the MVA. But the thing is he put 73.2 on the ticket so thats why I was thinking of appealing it.

He's already had his day in the court in kelowna so what higher court would he appeal to

[Def_3]

I figured that by common sense, the person who is about to get the ticket, by law has to state his name...I dunno:dunno:

[B17a]

IF he didn't state his name, what name did the cop put on the ticket??:dunno:

[Gspotracer]

Was it him or the driver who wasn't wearing their seatbelt?, if it was the driver & not him I don't see why he would have to give them his name:dunno:, but if he didn't do anything than whats the harm in giving your name anyways :dunno:

[skidmark]

If he wasn't the driver, and wasn't in charge of the vehicle, then this section would not apply.

Failing to properly identify oneself would then become an obstruction and arrest and charges under the Criminal Code could be considered by the officer.

[shadow]

Originally posted by skidmark
If he wasn't the driver, and wasn't in charge of the vehicle, then this section would not apply.

Failing to properly identify oneself would then become an obstruction and arrest and charges under the Criminal Code could be considered by the officer.

Thats interesting.... would that fall under the same level of fines then?
It does not sound like it would be the exact same charge?

[skidmark]

Criminal Code charges result in a criminal record on conviction and that could have some serious consequences elsewhere in life. Far better to take the traffic ticket!

[FiveFreshFish]

Originally posted by cv2000
The judge didn't buy it but I was thinking of appealing it on his behalf his english is kinda shaby.

The driver should have translated the cop's request for your dad.

[bspot]

If they wrote down that section for the charge, I don't understand how the judge didn't throw it out based on the wording :dunno:

[skidmark]

Sometimes they make mistakes too.....

It can be appealed.

[LeeRichmond]

I wish I had time to explain the rights you actually have remember all officers work for you and in all reality who was the victim? nobody why should he have to pay the government for risking his own life these laws make me so mad the police break the law as much as people do they just dont know it because they arent educated enough on the real law not the laws they try and make us obied by. All you need to know is that the government is all about money and will do anything to take as much as they can!

[import_illusion]

i don't get it...why wouldn't you give your name in the first place