CASE LAW - HMTQ v Multari

BC Courts Coat of ArmsDrivers that fail to produce identification such as a BC driver's license when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?

How do you identify them sufficiently to positively testify that the person in court a year later is the one that you dealt with that day?

One of the most reliable methods is to take a photograph of the driver, and that is the basis of this appeal from a conviction for prohibited driving.

Mr. Multari's lawyer argued that there was no authority to take his client's picture at the roadside and he should be acquitted.

The judgement was that taking a photo as part of an officer's notes during an investigation was perfectly acceptable in law and was in fact one of the best ways of insuring that the driver was properly identified.

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