Driving Privileges and Identification Cards

ORS 807.620
Giving false information to police officer

  • penalty

(1)

A person commits the offense of giving false information to a police officer if the person knowingly uses or gives a false or fictitious name, address or date of birth to any police officer who is enforcing motor vehicle laws.

(2)

The offense described in this section, giving false information to a police officer, is a Class A misdemeanor. [1983 c.338 §343; 1985 c.16 §160; 1985 c.597 §22]

Notes of Decisions

Under former similar statute

Fact that defendant is ultimately acquitted of other charges does not diminish duty to provide police with correct identification for investigation of violation of motor vehicle laws; this section is violated at the time the false information is given. State v. Packer, 72 Or App 677, 696 P2d 1163 (1985)

Where defendant was stopped for violation of motor vehicle laws and was driving while suspended, which officer knew, and gave false name to avoid responsibility, conviction of misuse of driver license for giving false name to police officer investigating traffic violation was valid. State v. Jensen, 79 Or App 112, 717 P2d 1263 (1986)

In general

Negative record check is not probable cause to arrest for furnishing false information to police officer where defendant had school photo identity card and stated she did not have driver license. State v. Scarborough, 103 Or App 231, 796 P2d 394 (1990)

Probable cause to arrest for giving false information to police officer under this section authorizes search of car as incidental to arrest. State v. Robinson, 107 Or App 410, 812 P2d 837 (1991), Sup Ct review denied

Source

Last accessed
May 30, 2023

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