How can police demand a drivers license and then use it against a citizen in court, without violating the 5th?
605319
I believe they can do so under color of law. \n\nWhen a "peace officer" activates that red light on their car your only lawful action is to yield to that red light. If the officer keeps that red light on and is behind your car, you are not free to go, you are under arrest, although most police will say its only a detention. The test is to ask if you are free to go, if you are not free to go you are under arrest.\n\nThe officer under California law can perform a warrantless arrest under the vehicle code. However as you pointed out the vehicle code can only be used upon commercial vehicles, this is why the DMV is so adamant in issuing Commercial Class C drivers licenses to all people so the officers can pull over just about any car as the vast majority of citizens have admitted to being Class C or other commercial class of driver. Once you show your License you establish you are a driver and subject to regulation.\n\nIf you are not driving a commercial vehicle, California law Vehicle Code Sec. 260(a),(b) can be enlightening. Section 260(a) defines the type of vehicle required to be registered (regulated) under the Vehicle Code, commercial vehicles. Section 260(b) flat out states private cars and housecars are not commercial vehicles. As a citizen you are supposed to have the logical brain power to infer if Commercial Vehicles are required to be regulated, and private cars are not commercial vehicles, then priavte cares are not required to be registered (regulated). \n\nThis is why in farming communities a truck with the NOT FOR HIRE sign can use the public roads unregistered (politicians have placed restrictions on this in recent decades, talk to some old timers they will set you straight).\n\nSo when a peace officer who has taken POST training demands a license, he is making several assumptions, one you have a Drivers License and two, you were engaged in the activity of driving, moving goods or persons for hire via the public easement. If these two presumptions can be proven unfounded then you as a citizen would have excellent grounds for filing a Title 42 Section 1983 action against the offending officer, as well as a Title 18 Section 242. Even if the officer beats the Civilr Rights case, he can't beat the ride you get to take him on through the federal court. So if you feel an offcier has violated your freedoms by giving you a ticket, sue him, at the very least you can pay him back for making you jump trough the Superior Court System, by making the officer jump through the Federal Court System.\n\nThe right to travel is a god given right, including the right to travel in the conveyance of the day unhindered by government actors.
301864
Call your local law enforcemet office and ask.
643674
No. The police actually have to have you clocked on radar to prove the violation.
807239
No, the license bureau won't call the police.  The reinstatement bureau will!  Anyway, if you get a state identification card, it cancels out your driver's license.  If you don't have a license go for it...but also, as stated above, just get someone else to cash it for you.
965128
i think you are correct and it is getting to that point, the police in my opinion have way to much leeway!! the other day, i was in a car with my friend who was speeding, she got pulled over and the officer wanted my ID also!!! why, i was not driving the car, i did not break the law at all, yet if i don't turn over my ID i can go to jail for failure to provide ID. this is terrible and i feel it is not right.
755998
When you go to court. Contest the charges. That will require another court date be set. Then, on the following date call either early if its a late session or late the day before if it's early session and request your ONE AND ONLY reschedule try to get it on the same day of the week as you got the ticket at the latest session available. What this does, if forces the officer to obtain rescheduled time and date take time off and make the court appearance to make you pay the fine. If the officer doesn't make the appearance you will not be fined and charge will be dropped. If the officer manages to make it then yes your friend can make a statement on your behalf. Make sure to make mention that you are innocent til proved guilty and therefore the burden of proof is on the officer. Do it in a polite non-chalant way tho or you will be found offensive by the court.
1046250
You can call the County Attorney's office in your county and speak with someone about the guidelines. Also you could plead not guilty in court and hire a private attorney to investigate into the matter of the legality of the roadblock. Could be pricey but it'll get you out of the ticket if you could prove that it was illegal.
395949
Boy...tough crowd in here.  Wrong in some cases, too.\n\nYou've got two questions here, so that's how I'll address them.\n\n1.  Is it legal for the police to stop you on the street (in your car, at your home, in the bar, etc.) for no reason?\n\nThe police cannot stop you for no reason.  However, it's entirely possible you don't know what the reason was, or you weren't really "stopped" as the law considers it...the word "stop" has a very significant legal meaning and what you might think of as being stopped by the police might not be seen that way under the law.  Consensual contacts between the police and citizens take place day and night, 24x7, and are approved of by the courts all the time.    \n\n2.  Can the police ask you for ID?\n\nYes.  And in some cases, they can ask you to stand on your head.  If the police are *asking*, then you are free to comply or refuse, as you see fit.  California no longer has a law requiring you to carry identification at all times (and hasn't for close to twenty years) so it would surprise me to find another state that does.\n\nI can just about guarantee you a better answer if you provide the state you're in and the circumstances that bring about this question.
784913
Even in photo enforcement tickets, you are still considered innocent until proven guilty.  Generally the only piece of evidence examined in the a photo enforcement citation is the photo.  If you contest that you were the driver the court will likely compare you to the person seen in the photo and decide if the driver was, in fact, you.\n\nIf it is questionable the judge may ask you who the driver was.  The court can not compel you to incriminate yourself (5th ammendment), however the court can compel you to identify another person.  If you lie you or refuse to answer you may end up with a contempt type charge or an non punitive fine assesment.\n\nIt is diffifult to beat a photo enforcement ticket, but if it was truly not you, go to court and contest your cite.
484865
You have to tell them that you are performing a citizens arrest citing the reason and which CRIMINAL law has been broken. Then you have to inform them of their rights (same as Police), then hand over to police when they turn up. You can't search them, neither can you touch them (classed as assault).
248414
There are a few activities other than driving that require identification, but just to hang out or walk down the street, no identification is required. But you may have to identify yourself if you are stoped by the police.\n\nThere is an interesting case out of Nevada called, "Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004)" that was appealed to the US Supreme Court that basically says that you are not required to carry ID. \nQuoting:\nThe Hiibel case does not compel a person to show identification to a police officer upon demand. As of 2005, Americans are not compelled to carry identification (unless they are driving a car or performing another action that requires a license in that state).\n\nThe Hiibel case does not create a federal law that requires a person to give his or her name to a police officer upon request; it merely rules that states may issue such a law, and such a law is not unconstitutional. If a state does not have such a law, then people in that state are not required to give their names.\n\nThe Hiibel case only applies when a person is detained due to a reasonable suspicion of criminal activity. If no such reasonable suspicion exists, the person is not required to provide his or her name.
988849
If I'm not mistaken, SevenPoints (above me) is one of my brethren, and is absolutely correct.\n\nA few of the other people here have absolutely no idea what they're talking about, and should keep their keyboards to themselves.  \n\nThe police do not need "reasonable cause" to ask people to identify themselves in a car.\n\nThe Patriot Act has nothing to do with cops asking people to identify themselves when they're in a vehicle.\n\nIt is most certainly not a 4th Amendment violation to ask someone to identify themselves.  What a ridiculous notion...exactly where is the search and seizure in a request to tell me what your name is?  The rest of that answer is generally very mistaken as well.  \n\nThe key here is that the asker wants to know if the police can ask for passengers to identify themselves.  Of course they can.  The police can ask the passengers to stand on their head, too.  If they're *asking*, then nobody is under any obligation to do anything.  \n\nAnd really, I'd disagree with SevenPoints only as to one thing...I'd suggest the police *can* demand identification, they just can't do anything about it under these circumstances if the demand isn't met.
694252
You cant unless you have a special licence.
1087842
Former Police Officer/Current Attorney...\n\nI'll answer the second question first. Yes, one state can ask another state to suspend your drivers license. Most states (there a FEW exceptions) have a reciprocal agreement to enforce each others tickets. So, if you fail to pay the ticket your license could be suspended/revoked.\n\nYou really have no defense when it comes to the "I was following the pack" argument. Officers can usually only stop one car at a time-you were that one car. Now, he may have seen that you were from out of state. Usually, people from out of state just pay the ticket. They don't want to come back for court. From the facts that you gave I really see no VALID defense that you could make.\n\nThe only thing you MIGHT have luck at is contesting the ticket, and showing up for the court date. I would call his department and find out if he is working the day of trial. If he is working then chances are he'll show up for trial. If he is not working then there is a GOOD chance he may not show up for court. Some officers would rather spend their day off with family-not court. If he doesn't show up then ask that the ticket be dismissed. Explain to the Judge that you had to drive a LONG distance to be there, and that you had to miss work/school for it. The Judge may then dismiss it. \n\nAnd, don't listen to some of these other brilliant responses...the Judge will always take the officers word over yours. In the end, no matter what, you'll probably be found guilty...unless the officer fails to show up! Good luck!
288134
He may be able to try, but if he does you can challenge the ticket in court.  I can't see any possibility of that holding up in court with no proof other than an off duty deputies week old memory.  If you have any questions about how to challenge the ticket, you can normally talk with the police station that issued the ticket or your local courthouse.  You probably won't even need a lawyer from the sounds of this.
581287
In Texas, we have the option of taking a driver's safety course if you're not more than 24mph above the posted speed.  Also, I've gotten 11 speeding tickets, and have not been convicted of any.  A few of the techniques I've used:\n\n1.  Reschedule the court appearance.  If your appearance time is in the morning, let them know that you work mornings and need an evening appearance.  And vice-versa.  Once I was told that I needed to take a day off work - I told them I worked in a patient care area of a major hospital, and couldn't reschedule unless it was at least three months ahead of time.  They gave me the time I wanted.  Usually, cops work a specific shift - schedule your appearance outside that shift, and you lessen the chances they'll show up.\n\n2.  As others have suggested, ask for deferred adjudication.\n\n3.  Absolute last resort - skip the court date.  They will issue a warrant for your arrest.  Turn yourself in on Saturday evening.  You'll probably get a court appearance scheduled for Sunday.  If your cop happens to be working already, he's probably patrolling, and can't appear for court.  If not, his odds of coming in on his day off on one-day's notice are slim to none.  But you've got to be willing to spend the night in jail...\n\nGood luck!
1136157
This depends on the jurisdiction, whether it is state, city, county, along with the reason for taking a license.  Ordinarily, you must have been given a paper that shows you have a license until you get it back.  You may contact the police department that took it in the first place.  And then, if you are unsuccessful, contact the local court for the case that is against you or to have your license reinstated.\n\nA driving license is issued by each state.  So the state is responsible for licenses.  That is where you can go, state agencies, state courts.