Private legal practitioner Martin Kpebu says police officers do not have the mandate to impound a vehicle if the driver fails to produce his or her license.
Speaking on Joy FM’s Super Morning Show, the lawyer said it is rather wrongful parking that warrants the impoundment of the vehicle.
He, therefore, argues that it will be inappropriate if a cop impounds a vehicle over failure to show a license.
“Failure to produce a license doesn’t result in impounding of a vehicle and we are not about to allow that now. The Police will be breaking the law if they should start.
“You can’t just seize someone’s property just like that. The police don’t also have the right to take the license to the police station.
"If you don’t have a license they could charge you for driving without a license and that is a different matter, but if you have it and it’s not with you, you can always go and bring it,” he explained on Tuesday.
He, however, advised that it is prudent for motorists to be polite when they are driving without their license.
According to him, although the law does not give the police the authority to seize vehicles, an officer has the discretion to let you go and present it later.
“A lot of the time when you’re polite, it helps. Just the fact that you have 24 hours at his discretion, don’t aggressively demand it. As soon as you become aggressive they also use force.
“It is not the best, but in all of it as a driver, if you are polite it goes a long way to help your issue,” he said.
On the same show, Samson Lardy Anyenini said it is crucial for drivers to always have their licenses with them before they get behind the wheel of their car.
He emphasised that “you got the license for a purpose,” therefore, drivers ought to use it as such.
Conversation about drivers’ license became topical after the Police in a letter said they would impound any vehicle whose driver fails to produce a license.
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