An important part of any prosecution is proving who the offender is. Identity is also critical in traffic matters, which can be difficult when many vehicles share the same make, model and colour. It is even harder with motorbikes when riders wear helmets.
Have they identified you as the perpetrator?
Sometimes an offending car or bike does not stop and police believe they have the registration. They may then attend the registered owner’s address. That belief may be wrong. At law, police can demand that the responsible person, often the registered owner, provide the name and address of the driver or rider at the relevant time. They can also warn that a failure to provide that information is an offence. If contacted, read what to do when police call and your right to silence in NSW.
ROAD TRANSPORT ACT 2013 – s 177
Requirement for responsible person to disclose driver identity
See the legislation: Road Transport Act 2013 (NSW) s 177.
(1) If the driver of a motor vehicle is alleged to have committed an offence, the responsible person must, when required by an authorised officer, give the name and home address of the driver. This may need to be in a signed written statement.
Maximum penalty: 20 penalty units.
(2) Defence: it is a defence if you prove you did not know and could not with reasonable diligence have found out the driver’s name and home address.
What if the registration is wrong or you do not know who used your vehicle. Police or witnesses may only get a fleeting glance and misread a plate. You also have protections against self incrimination and may choose not to make admissions about a more serious allegation. Get advice before you respond. You can speak with us about court representation and contacting Jameson Law.
Even where a person is pulled over and identified, it does not prove that the bike or car seen earlier was the offending vehicle. For example, we defended a rider who was stopped after another rider accelerated away near police. Evidence from our client and witnesses showed our client rode a black Kawasaki while the offending bike was a black Yamaha. The charges were dismissed.
With similar bikes and colours, proof of identity can be flawed, especially where the rider was not stopped at the scene. If police allege a “runner” and you are stopped kilometres away, be cautious with any admissions. It may be better to agree to attend the station with a solicitor. See our overview of NSW criminal court procedures and our main criminal law page for help.
Do not assume guilt if you did not offend
Similar fact patterns arise often. Riders or drivers can be mistaken for others, particularly in groups. Identity is a fundamental element that the prosecution must prove. If you are unsure how to respond, get legal advice before you speak. For urgent assistance call (02) 8806 0866 or use our contact page.
