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When stopped by an officer for a traffic violation, does a drivers license have to be given to an officer or mearly shown?
Anonymous3 views3 answers
I would like to find out if a drivers license is REQUIRED to be given to an officer or mearly shown during the course of a traffic stop. I have been told that a license needs to be carried and displayed to an officer upon request but that there is no requirement to hand it over. If that is the case, could a photocopy of license, registration and proof of insurance be carried when travelling to be used should a stop occur?
In my state the original must be carried and presented to the officer upon his or her request. Merely showing it, or merely producing a photocopy upon request is insufficient to satisfy the statute.
I do not practice in FL and I am in Chicago.
Florida Statute section 322.15 covers this question:
(1) Every licensee shall have his or her driver's license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a law enforcement officer or an authorized representative of the department.
(2) Upon the failure of any person to display a driver's license as required by subsection (1), the law enforcement officer or authorized representative of the department stopping the person shall require the person to imprint his or her fingerprints upon any citation issued by the officer or authorized representative, or the officer or authorized representative shall collect the fingerprints electronically.
(3) In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply proof of a valid driver's license for the reason that the license was suspended for failure to comply with that citation shall be issued a suspension clearance by the clerk of the court for that citation upon payment of the applicable penalty and fee for that citation. If proof of a valid driver's license is not provided to the clerk of the court within 30 days, the person's driver's license shall again be suspended for failure to comply.
(4) A violation of subsection (1) is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
The statute says "display." But the bigger question is why would you want to give a police officer attitude and say you only have to display it, you don't have to give it to him? Law enforcement officers are people and it has been my experience that the golden rule applies with police. Give them attitude, get attitude. Give respect, get respect.
