In the US, specifically California, do you need to carry your Driver's License?
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In the US, specifically California, do you need to carry your Driver's License?
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I heard if IF you get pulled over, the officer can just look up the ID and DL# for you.
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Blue Steel & Lace
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The officer may, as a courtesy to you, check your drivers license by means of your name & date of birth or by just the DL number if you have it memorized.
However, you are required by law to carry your license with you at all times while operating a vehicle. Failure to do so could result in an additional citation and fine. |
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Chad S
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yeah they can look up all your info if you don't have them on you. but it most states it is required to carry your drivers license on you at all times. |
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DennistheMenace
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they can....but they can also give you a ticket for not having it w/ you, while driving......... |
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Rukeann
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They can but it is a law to carry I.D. on your person at all times in the state of California. |
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Superman
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The answer is you need to carry your California Driver's License like you need a hundred dollars or a ride home...
First off let me just say to hexeliebe that I could have gone my entire life and not of cared if I had ever heard that name "Hiibel" again. Well fortunately I live in the sovereign State of California which is among 30 other fine states that do not recognize the Hiibel decision.
Secondly, I will have to agree in part with Blue Steel & Lace for providing California Vehicle Code section 12951 subdivisions (a) and (b). But I feel compelled to further elaborate on this matter. This charge differs from most moving violations in California in that it is a correctable violation as maryanne b has accurately indicated. Instead of the Officer issuing you a Notice to Appear, she will issue you a Notice to Correct. You may have this signed off by the Officer, an agent of the DMV, or the Clerk of the Court. Please see CVC §§ 40303.5 and 40616 subdivisions (b) and (c).
When reading the first part of CVC 12951(a) with subdivision (b), I obviously must concede to her last point that, "you are required by law to carry your license with you at all times while operating a vehicle." But as we see from the middle part of the section it is as if the California Legislature has offered us an ultimatum. For if we do not carry our license in a vehicle we can then, carry our license to the court which is required to dismiss the charge. Obviously we still need to carry it in either instance if we wish to avoid being penalized.
Since an officer cannot stop you for the sole reason of determining whether or not you are carrying your license under CVC 14607.6(b), another way to answer is that good drivers need not carry their license. But unless you are Jesus behind the wheel, you are going to get stopped somewhere down the line. And how often will determine whether it is that important to you. California law only entitles you to 2 chances to get away with it. Once you use up your 2 freebies it is the court's choice on whether or not to dismiss it. But if you are one who let us say only gets stopped once every 3 years then it is possible that you would not get your 3rd until the 9th or 10th year. I do not have a source for this, but presuming the court purges the database every 7-10 years clearing the 1st 2, then the 3rd would appear as the 1st and so forth. And if you have a friend at the station, DMV, or court who knows your license is valid, then you can virtually operate a vehicle your entire life without ever needing to carry your license.
Now this all seems fine and good until that one time the Officer impounds your vehicle. But chances are that he won’t. He will look up your ID and CDL# to verify that he is not issuing the ticket to the wrong person. After all your identity is an element of the offense and is required to be on the ticket under CVC 40500(a). According to CVC 14607.6(c) before impounding, the Officer must "attempt to verify the license status of a driver who claims to be properly licensed..." and he cannot impound if he’s “reasonably able, by other means, to verify that the driver is properly licensed." None of this says that the officer has to look up your license for you, only that he cannot impound you if he doesn't try.
So if you don't mind constantly looking over your shoulder as you're making excessively longer complete stops, limiting yourself to 5 MPH less than every posted speed, halting at every yellow, and signaling even when you think nobody is watching, or if frequent recreational walks home and leisurely writing checks to the impound seems enjoyable to you, then by all means you do not need to carry your Driver's License.
I can only think of two reasons why you are asking this question. One being you're asking for your girlfriend because she is one of the ladies that like to wear the really tight pants and so she has to make you carry it. But in my experience they will just leave it all the time in the ashtray or sun visor. If she is saying that she cannot leave it in her vehicle all the time for when she wants alcohol, tobacco, and firecrackers, then tell her I said that's BS. No woman ever wearing those skin tight pants has to pay for those things.
The other being that you don't have a license to carry and you want to know if the person's ID and CDL# you use will get them a ticket in their name. Even if you can memorize your neighbor's middle name and date of birth don't use it. You will be arrested for violating Penal Code section 148.9 subdivision (b). The officer does not need to see a photo to know that you are not who you say you are. For example, if you decide to give your roommates name of the same address the Officer can look up the physical description and immediately know that you are more than likely not Fat Albert.
Everything I mentioned before was assuming you had a license. Why would you not have a license? I suppose you could be one of those pro private information people who feel that driver's licenses are just another excuse for big brother to gather up us all in a giant electronic database. Or perhaps you might be one of those pro free liberty people who feel the government takes away our rights by trying to pass them off as permits and privileges. I personally am of the, licenses are just another excuse for the government to tax us extra, people. Being unopposed to such a tax, my only suggestion here is to get a license.
I think you have a valid point though in that only guilty people should need to carry them, and innocent people need not. But because it is a rule that as soon as it came into affect it made all innocent people guilty, we had no chance. I suppose since guilty people would remain ignorant of it anyhow, so why not punish all the innocent instead. The next time you are accused of breaking a law consider this, is it the people who are here to serve the government or is the government made to serve us? And I'm not talking patriotism so don't give me JFK. But while briefly on that topic and considering all things stated, California still beats Nevada hands down!
P.S. If your girlfriend is threatening to switch back to cargo pants, then I only see one of two options. Pay the tickets and impound for her or for heaven sakes just carry her license around.
In the words of an honorable former California Governor:
"It is not my intention to do away with government.
It is rather to make it work - - work with us,
not over us; stand by our side, not ride on our back.
Government can and must provide opportunity,
not smother it; foster productivity, not stifle it."
President Ronald Reagan
First Inaugural Address
January 20, 1981
*/End of line. |
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mikey33
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yes i got charged with no display of operator license 120 fine it is wise to Carry it..you might get off if the cops cool.needless to say i got a a@@hole..see ya...god speed lol lol lol.. |
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smrtgy2000
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when i was in the military we never carried our id but were required to have it memorized i never got into trouble for doing so i just rattled off my # and that seemed to satisfied them |
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wayne g
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They can if they want to. It's extra time and most don't like
it. The picture on the D.L. is so the officer can tell if you are
who you say you are. Most likely you will need to go to court
and show the Judge that you had a license at the time you
were stopped. Pass your test, get your own license and
forget about trying to s*** some one. What you may be
thinking about trying will come back and bite you. You need
your D.L. in every state I've ever driven in.
Be nice. |
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hoponcop
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no free ,that is bull if they don't need one we don't |
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Tmart
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altho there is really no law stating weather you should or shouldn't carry a drivers license or photo id it is good for many different reason, say you get in a car accident or something and your hurt so bad you can talk or anything, they can find information out from your id,
also it sometime will make the officers more agitated at the fact that they have to look your information up just to make sure your who you say you are, if you can remember your license number that sometimes helps, and in most states you have 24 hours to show them your drivers license. |
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baja_man_2004
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u always need a picture id they can take you to jail just to find out who you are |
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Shana N
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No proof = No license. You must carry the photo license with you or be charged with driving without it. My state has this on billboards along the interstate. |
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Sealsangel
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you need to carry it no matter where ur at |
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maryanne b
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You can get in trouble for not carrying an ID if you are over 16. If you get pulled over and do not have your license they can get the number to see if it is valid, you will recieve a ticket for no license on person. The police officer will usually give you 10 days to bring your license to the police station and then the ticket would be cleared. |
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hexeliebe
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You are not required by law to carry your driver's license in ANY state (ask the U.s. Supreme Court) unless you are operating a motor vehicle.
In fact, you are not required by law to identify yourself. Not even under Hiibel v. Sixth Judicial District Court of Nevada if you read the decision carefully. |
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Gypsy
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That isn't the point, you should always have your license with you at all times. What happens if u r in an accident that's automatic id. Besides u can get a ticket for not having your license with u. |
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samhillesq
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the 4th amendment means nothing, you better have ID! |
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waseem sabir
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hi.i am waseem.and i am grader operator.before 13 year i am opraet grader.2 year pakistan and 5 year in libiya and now 6 year in kuwait.i have good expirenes. |
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