IV W 464/18
AI generated
Court convicts vehicle owner for failure to identify driver, rejecting self-incrimination defense for minor traffic offenses.
Legislator summary
AI generatedThe court convicted the vehicle owner of a traffic violation for failing to identify the driver when summoned by local police. The defendant argued that answering would incriminate a close relative, citing Supreme Court precedent regarding self-incrimination. The court rejected this defense, ruling that the obligation to identify applies even if the answer might expose a relative to minor offense liability, as the distinction between offense and crime is not relevant here.
Legislator headnote
AI generatedArt. 78 ust. 4 k.w.; Art. 96 § 3 k.w.; The owner of a vehicle is obligated to identify the driver upon request, and this obligation cannot be avoided by claiming that the answer might expose a close relative to liability for a minor offense.
Keywords
AI generated
vehicle ownership liability
failure to identify driver
self-incrimination defense
minor traffic offense
close relative protection
local police summons
grain penalty
Cited Legislation
AI generatedart. 78 ust. 4 k.w.
art. 96 § 3 k.w.
art. 92 § 1 k.w.
art. 33 k.w.
art. 119 § 1 k.p.w.
art. 41 § 1 k.pw.
art. 183 § 1 k.p.k.
art. 17 § 3 k.p
art. 183 § 1 k.p.k
art. 119 § 1 k.p
Cited Case Law
AI generateduchwała SN z dnia 30.11.2004 r., I KZP 26/04, OSNKW 2004/11-12/102
V KK 378/13
Supreme Court dismissed appeal, holding municipal guards are public prosecutors for specific traffic offenses since 2010.
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Court convicted car owner of failure to identify driver, imposing fine despite procedural defense.