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Originally Posted by Shoonra
I don't know how you see that. A DL is at least evidence that at some reasonably recent time the holder demonstrated he had sufficient grasp of the traffic rules, eyesight, and reflexes to be considered fit to drive (and, in some states, that he had also complied with the insurance laws). A lack of a current DL raise the opposite supposition: that this motorist is unfit to drive and cannot be trusted behind the wheel.
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Of course you wouldn't know, nor admit to seeing that. To do so would completely blow away your false sense of security and contradict your belief that a holder of a license is just as much at liberty to act carelessly and break the rules of the road as those without a license. Head down to traffic court and see how many offenders are also holders of licenses. Why, if these people are more qualified to be behind the wheel, are they there being charged with reckless driving, DUI, DWI, speeding, etc. etc.
Getting behind the wheel of a car or pickup truck and manipulating the steering wheel, brake, gas and applying the appropriate judgment to travel down the road is something incredibly simple (so simple that I was able to command that skill by the time I was 10 years old). The facts of the real world contradicts your opinions and beliefs; fact is that only a very small percentage of those who apply for a license are denied, yet those "qualified" drivers choose to ignore the rules of the road (injuring and killing thousands in the process).
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Originally Posted by Shoonra
In at least one case, it was clear that "belief" is distinct from "positive knowledge" of the fact that the driver is unlicensed.
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And that case is????
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Originally Posted by Shoonra
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.
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Wrong. It is very clear: there is no language in the Cal Statute indicating the officer has the
authority to stop the driver if he has "positive knowledge" is there?
freebeme provided the text which clearly only mentions "belief" as the criteria which prohibits police action. You can't simply extend the context of the statute beyond what is actually written (you of all people should know better). If the legislature intended to include the condition concerning "knowledge" then it would be in the language of the statute.
This brings us to something moishanb pointed out. The officer may not do something simply because he feels like it. You know that. Is that why you interjected additional circumstances to give your argument traction? (Weak!) The officer has no authority under which to take action unless it is explicitly supported by statute. This is something your lawyer buddies would jump all over in an effort to get their client found not guilty on a technicality whereas a judge would railroad a pro se attempting to do the same. (Don't say it doesn't happen...I've seen it first hand.)
To make it as clear as possible for you, it settles on this: there is no correlation that those holding a driver's license exhibit a higher level of driving skills or propensity to obey the "rules of the road" when compared to those who do not hold a driver's license. If you disagree, please explain why you do not see only unlicensed drivers in traffic court for moving violations, accidents and other offenses.
It comes down to this Shoonra: the authority to act or not to act ultimately rests in the man or woman choosing their course of action. This is called liberty. This authority and course of action is independent of any "qualification" in the form of any license that may or may not be in their possession.
I know it gives you a warm fuzzy to believe that while you're waiting for the light to change that those sitting next to you in their cars and trucks have licenses, but any one of them can just as easily choose to run the next red light they come upon as someone who doesn't hold a license.
That is a fact.