What do you have to tell the police during a traffic stop? Occasionally I would stop a driver who had committed a traffic violation that would roll down their driver's window half an inch, poke their driver's licence out and roll the window back up to await service of a ticket.
What Are You Trying to Hide?
There are a multitude of reasons for doing this, some innocent, but the first thing that had to come to my mind was that they were trying to hide something and it was my job to find out what it was.
It was usually the odour of marihuana or liquor that the driver did not want wafted in my direction.
You Have to State Your Name and Address to Police
I did have one tool at my disposal to force a short conversation. A driver must state his name and address and the name and address of the vehicle's registered owner when requested to do so by police.
73 (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 the driver's or person's name and address and the name and address of the owner of the motor vehicle.
Identification for Court Purposes
This is forms part of what is known as the Schryvers Test. Case law has established that these answers, when compared to what is shown on the driver's licence, strengthens the identification of the driver if they match.
If Not Required by Law
Answers to other questions not required by the law are optional and it is up to you to decide whether you want to provide the information or not.
If you choose not to, state your position politely and request that any documents be returned to you so that you may proceed once the officer has completed his or her inquiries.
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