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
The following excerpt is from In re Arturo D., 115 Cal.Rptr.2d 581, 27 Cal.4th 60, 38 P.3d 433 (Cal. 2002):
Vehicle Code sections 4462 and 129512 long have required that the person in the immediate control of an automobile present evidence of registration and a driver's license upon proper command of a peace officer. Section 4462, subdivision (a), provides: "The driver of a motor vehicle shall
[115 Cal.Rptr.2d 586]
present the registration or identification card or other evidence of registration of any or all vehicles under his or her immediate control for examination upon demand of any peace officer." Section 12951, subdivision (b), provides: "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code." The reason for these provisions is plain: An officer who has stopped a vehicle for a traffic infraction and who plans to issue a citation needs to ascertain the true identity of the driver and the owner of the vehicle, in order to include that information on the citation and the written promise to appear. (People v. McGaughran (1979) 25 Cal.3d 577, 584, fn. 5, 159 Cal.Rptr. 191, 601 P.2d 207 [registration and license "documents are ... the source of most of the information needed by the officer to complete the citation"].)3 But what action by the officer is permissible when, upon proper demand, a motorist who has been stopped for a traffic violation fails to produce the registration or license documentation required by statute?4[115 Cal.Rptr.2d 586]
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