Failure To Provide Driver License In Arizona
A.R.S. 28-1595B
Do you have to provide your driver license to the police officer during a traffic stop?
The short answer is YES. The failure to provide driver license statute is A.R.S. 28-1595(B). This statute requires that a driver, when stopped by law enforcement, must provide his or her driver license, or if not licensed, must provide evidence of identity that includes:
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- The driver’s full name.
- The driver’s date of birth.
- The driver’s residence address.
- A brief physical description of the driver, including the driver’s sex, weight, height and eye and hair color.
- The driver’s signature.
So if you do get pulled over, we advise that you say as little as possible and don’t consent to a search of your vehicle. But you do need to provide ID. Check out this post for some tips for your next traffic stop.
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If you are a passenger in a car, do you have to provide identification when stopped by the police?
Probably yes. A.R.S. 28-1595(C) requires that a passenger in a car must provide identification IF the officer “has reasonable cause to believe the person has committed a violation of this title.”
While it seems unlikely that a passenger would violate a traffic law while NOT driving, I have no doubt that a police officer could come up with something. The takeaway here is that if a police officer asks for your ID, and you are inside a motor vehicle, you should probably provide your ID. Otherwise, you may end up presenting your defense in court. The lack of a factual basis will not stop a police officer from issuing you a ticket.
What are the consequences of not showing your license or identification during a traffic stop?
Failure to provide driver license and failure to provide identification are both class 2 misdemeanors. This means that a conviction carries the potential for up to $750 in fines, plus surcharges which will about double the fine, 4 months in jail, and probation.
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