Does defendant have to produce a driver's license to identify himself to the other driver or the police?

California, United States of America


The following excerpt is from People v. Collins, A149580 (Cal. App. 2017):

Moreover, there was no evidence defendant complied with his duties to identify himself to the other driver or the police. He argues he was not asked for his identification by Officer Draper when he "sat down as directed." However, unlike the duty to produce a driver's license upon request, the duty to identify oneself is self-executing. He also argues his compliance was excused because he was unconscious for two hours and five minutes. However, whether defendant was unconscious was a factual question for the jury to decide, and the jury evidently decided it did not believe defendant. "[I]t is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends." (People v. Huston (1943) 21 Cal.2d 690, 693, overruled on other grounds in People v. Burton (1961) 55 Cal.2d 328, 352.) In any event, even after defendant's two-hour-and-five-minute disappearance, the evidence shows he failed to properly identify himself as the driver or owner of the car. In our view, ample evidence supports defendant's conviction for failing to perform a legal duty following a vehicular accident that caused injury to another person.

Other Questions


What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
Is a motorist who has been stopped by a police officer for a traffic citation when, upon proper demand, he or she fails to produce evidence of registration and a driver's license? (California, United States of America)
In what circumstances will a police officer impound a car after arresting a driver for driving without a driver's license? (California, United States of America)
In what circumstances will a police officer issue a written warning to a driver for failing to return documents and return documents to the driver when the driver's dog sniffed drugs? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
Does a police officer need to develop his suspicion that defendant was falsely identified as a suspect in a traffic stop? (California, United States of America)
Does a hearsay statement that identifies a defendant by name as the driver of a car involved in a shooting constitute hearsay evidence? (California, United States of America)
In what circumstances will a defendant be ordered to produce a copy of a police report? (California, United States of America)
What is the legal test for a criminal defendant to obtain copies of a police officer's personnel records from the California Police Service? (California, United States of America)
Does a defendant have a claim of error for failing to provide a driver's license? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.