Canadian Law; my 17yr old son was at a party, made a poor judgement call and let someone drive my truck, with him in it, and the had a collision with another vehicle. this other person and my son switched places. the other person left the scene, and my son claimed he was driving. The driver of the other vehicle saw them switch, it was pretty obvious that my son was lying to the cops. they didnt believe him and said if he didnt tell the truth they would charge him with driviing ofences and give him a 24 hour suspension, which is eventually what they did.I am 100% sure my son was not driving. He will not change his story, but did confide to me that this person has gang affiliations and if he was to identify him, there will be serious consequences.If he tells the truth, can the police make him identify this person?
State/Country relating to question: Canada
is it legal that the police issued the tickets, as an attempt to compel my son to name the driver?ICBC may void the insurance if the driver remains unknown
Technically, no, the tickets shouldn't have been issued, as the officer must believe that the individual has committed the offense. If they knew he was lying, but issued them anyway, they simply issued them to spite him, punitive actions for not cooperating. These would not hold up in court, particularly with an independent witness.Could your insurance issues be alleviated by cooperating with the ICBC? Ultimately, this other guy is no better than what anyone might call your son, as he bailed and let his "friend", your son, take the rap for his actions. Letting an innocent friend face trouble with the police. This "friend" is the ultimate rat, and your son should let him know, and this "friend" should take his lumps instead of letting an innocent "friend" go down for something. Even on the street, this would look bad on him, as it shows he would let a friend go down, he'd run away and leave a friend hanging, and he himself can't be trusted. If the rest of the "gang" knew what type of guy this "friend" is, they'd probably take him down a notch.Ultimately, your son shouldn't let others walk all over him and he can't be expected to take the rap for someone like this loser. I bet if anyone confronted your son, and he told them what really happened, they'd go confront the other guy.The "laws" of the street can be complicated, but your son shouldn't allow himself to be intimidated or they'll continue ton walk all over him.As for the "legality" of the tickets, as I said, they will not stick, as they are merely a pressure tactic. And again, they certainly are what are known as "F-you" charges, for not cooperating. Is this right? Not really, but it happens. Let me know if you need further clarification.
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