Driving Privileges and Identification Cards

ORS 807.570
Failure to carry or present license

  • penalty


(1)

A person commits the offense of failure to carry a license or to present a license to a police officer if the person either:

(a)

Drives any motor vehicle upon a highway in this state without a license, driver permit or out-of-state license in the person’s possession; or

(b)

Does not present and deliver such license or permit to a police officer when requested by the police officer under any of the following circumstances:

(A)

Upon being lawfully stopped or detained when driving a vehicle.

(B)

When the vehicle that the person was driving is involved in an accident.

(2)

This section does not apply to any person expressly exempted under ORS 807.020 (Exemptions from requirement to have Oregon license or permit) from the requirement to have a driver license or driver permit.

(3)

Except as provided in ORS 813.110 (Temporary permit upon confiscation of license), it is a defense to any charge under this section that the person so charged produce a license, driver permit or out-of-state license that had been issued to the person and was valid at the time of violation of this section.

(4)

A police officer may detain a person arrested or cited for the offense described in this section only for such time as reasonably necessary to investigate and verify the person’s identity.

(5)

The offense described in this section, failure to carry a license or to present a license to a police officer, is a Class C misdemeanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217 §6]

Notes of Decisions

Search of defendant for driver license was not reasonably related to crime of failing to present license. State v. Scheer, 99 Or App 80, 781 P2d 859 (1989)

This statute does not authorize warrantless search for evidence of identity. State v. Nelson, 102 Or App 106, 792 P2d 486 (1990); State v. Towle, 102 Or App 643, 796 P2d 1208 (1990)

Negative record check is not probable cause for officer to search defendant's purse, and search cannot be justified as incident to arrest for failure to display operator's license. State v. Scarborough, 103 Or App 231, 796 P2d 394 (1990)

Search of vehicle for identification is justified when officer has probable cause to believe defendant has committed offense of providing false information to police officer when defendant states car is registered in certain name that proves to be untrue. State v. Banks, 103 Or App 312, 797 P2d 383 (1990)

Person who has never been licensed can be prosecuted under this section and this section and ORS 807.010 are not redundant. State v. Roque-Escamilla, 106 Or App 270, 806 P2d 1173 (1991), Sup Ct review denied

Where officer suspected that identity card presented might be suspended, authority to detain driver did not terminate. State v. White, 130 Or App 289, 881 P2d 169 (1994)

"Person" refers to any driver, whether or not validly licensed. State v. Mendonca, 134 Or App 290, 894 P2d 1247 (1995)

Where no basis exists for broadening scope of stop, to rely on investigation and verification of identity as basis for searching vehicle, state must show that request was actually made for that purpose. State v. Claxton, 140 Or App 168, 915 P2d 421 (1996)

Verification of identity allows detaining individual only until accuracy of provided information has been checked or tested unless specific articulable facts indicate stated identity more likely than not is false. State v. Bishop, 157 Or App 33, 967 P2d 1241 (1998)

Request for consent to search is improper where request and ensuing search delay verification of defendant's identity. State v. May, 162 Or App 317, 986 P2d 608 (1999), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021