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Originally Posted by freebeme
If so... do you know what the word "notwithstanding" means in the setion I posted?
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It has been held by California courts that Veh.Code 12801.5 prevents arrest when the ONLY reason is the cop's "belief" that the motorist is unlicensed. In at least one case, it was clear that "belief" is distinct from "positive knowledge" of the fact that the driver is unlicensed. In other cases, that if the traffic stop was for a violation of another traffic law (such as DUI) AND the officer additionally suspects the driver is unlicensed, he may arrest the driver.
Even where sec. 12801.5(e) prevents an officer from arresting a motorist, it is not clear that the cop is required to allow the unlicensed motorist to get back behind the wheel and drive off. He may insist that another person in the car, who has a DL, must do the driving or he may insist that the unlicensed motorist wait for a licensed driver such as a taxi cab.