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Behind-the-Wheel

Traffic stop questioning

What do you have to tell police when you are the subject of a traffic stop? I've often been asked about whether you have to answer the casual conversation at a road check that might include questions like, "Where are you coming from?"  "Where are you going to?"  "How much have you had to drink tonight?" The answer is no, you don't.
 
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. There are a multitude of reasons for doing this, most 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. It was usually the odour of liquor that the driver did not want wafted in my direction.
 
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. This is also useful for what is known as the Shriver's 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.
 
Answers to other questions 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.
 
 
The author is a retired constable with many years of traffic law enforcement experience. To comment or learn more, please visit drivesmartbc.ca.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



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About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

To comment, please email

To learn more, visit DriveSmartBC



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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