Motor Vehicle Law at the Roadside (13:III): Difference between revisions

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Pursuant to ''Motor Vehicle Act s 79'' a peace officer may arrest without warrant any person:
Pursuant to ''Motor Vehicle Act s 79'' a peace officer may arrest without warrant any person:


* a) whom the officer finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of ''Motor Vehicle Act'' ss 95 or 102 (driving while prohibited) (s 79(a)); or
:a) whom the officer finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of ''Motor Vehicle Act'' ss 95 or 102 (driving while prohibited) (s 79(a)); or


* b) whom the officer has reasonable and probable grounds to believe is not insured or who is driving without a valid and subsisting motor vehicle liability insurance card or financial responsibility card (s 79(b)); or
:b) whom the officer has reasonable and probable grounds to believe is not insured or who is driving without a valid and subsisting motor vehicle liability insurance card or financial responsibility card (s 79(b)); or


* c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c))
:c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c))


and may detain the person until they can be brought before a justice.
and may detain the person until they can be brought before a justice.
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