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Club Mate Blog of Tuesday, 9 May 2023

Source: Club Mate

Carrying a photocopy of a driving license is entirely lawful - Lawyer tells Police



According to a friendly legal expert, Kofi Bentil, it is completely legal for individuals to carry a photocopy of their driving license instead of the original document. Mr. Bentil emphasized that the police do not have the authority to impound a vehicle if the driver does not have their license physically present at that exact moment.

In Ghana, the law allows drivers to present their license within 24 hours if requested by the authorities. Mr. Bentil firmly stated that the police cannot amend or manipulate this provision based on their own discretion.

There have been instances where some police officers have seized vehicles when the drivers only had photocopies of their licenses. In a Facebook post, Mr. Bentil, who is also the Vice President of Imani Africa, warned that if such violations of people's rights persist, someone may eventually sue the Ghana Police for unlawfully impounding their vehicle without probable cause.

In such a scenario, the individual could seek compensation for distress and loss of use from the police, not the Driver and Vehicle Licensing Authority (DVLA).

Beos is his full statement…

Dear GHANA POLICE / DVLA

The LAW in Ghana DOES NOT ALLOW YOU TO IMPOUND CARS BECAUSE THE DRIVER DOES NOT HAVE A LICENSE ON HIM!!

the car is NOT Evidence in that context!!

there is no probable cause or justification for impounding the vehicle.The law in Ghana allows the driver to produce their license in 24 hours.

You dont have any right to amend that on your whims.Carrying a photocopy of a drivers license is entirely lawful as a prima facie proof of the existence of that license.

The Police can request that the original be produced in 24hours WITHOUT IMPOUNDING THE CAR.

If you continue infringing peoples rights like these, one of these days someone will sue the Ghana Police for impounding their vehicle without probable cause and take damages for distress and loss of use from the Police (Not DVLA).

YOU HAVE TO HAVE THE SYSTEM (AND I BELIEVE YOU DO) TO TAKE THE PERSONS PARTICULARS AND REQUEST THEM TO REPORT AT A POLICE STATION WITH THE NECESSARY PAPERS FAILING WHICH YOU CAN CAUSE THEIR ARREST.

DONT BREAK THE LAW TO ENFORCE THE LAW!!


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