Driving = Comercial

[Shoonra]

Whether or not you are involved in a commercial activity, you run a serious risk of making what might be a minor inconvenience into a major headache.

Additional to the law requiring cooperation with traffic cops, there are laws criminalizing a failure to carry and present your DL when requested by a traffic cop, there is also a more serious offense of obstructing the police.

Since, technically, a traffic stop is an arrest - usually very temporary, you might be charged with resisting arrest. You may regret all those cute signs and pantomimes. The cops may feel justified in cutting short your attempt at vaudeville by smashing your window and hauling you forcibly out of your car and into handcuffs.

[Codee]

Originally Posted by Shoonra

Additional to the law requiring cooperation with traffic cops, there are laws criminalizing a failure to carry and present your DL when requested by a traffic cop, there is also a more serious offense of obstructing the police.

There is no law making it a "crime" not to pressent a license to an officer. Not in california.

[ezrhythm]

Originally Posted by Shoonra

Whether or not you are involved in a commercial activity, you run a serious risk of making what might be a minor inconvenience into a major headache.
True, if you don't know who you are as a sovereign and don't know how to handle the situation.

Additional to the law requiring cooperation with traffic cops, there are laws criminalizing a failure to carry and present your DL when requested by a traffic cop, there is also a more serious offense of obstructing the police.
Right, if your are, by your activites, required to carry/show a DL.

Since, technically, a traffic stop is an arrest - usually very temporary, you might be charged with resisting arrest. You may regret all those cute signs and pantomimes. The cops may feel justified in cutting short your attempt at vaudeville by smashing your window and hauling you forcibly out of your car and into handcuffs.
Yes, you might be charged but I would never regret using the signs. And if they want to break and enter into my private property, commit assault and kidnapping then they deal with the lawful consequences. There are LEO's that commit crimes just as ordinary citizens do. That doesn't mean there isn't a remedy or recourse. If you want to submit to whatever someone demands that isn't based on common law that's your perogative.

The only requirement to identify yourself is to give; verbally, your name and an address or just your name in written form.

[Codee]

I agree with shoonra for the most part.

[Shoonra]

Originally Posted by Codee

There is no law making it a "crime" not to pressent a license to an officer. Not in california.

It is a misdemeanor under Calif. Vehicle Code sec. 12951.

See also, Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator's license or the vehicle registration certificate by B. Finberg, 6 ALR3d 506 (1966 & supplements)

[Shoonra]

As for resisting arrest, some of you might think it's worth antagonizing a traffic cop, but the cop is almost certain to be able to justify his actions (which could include smashing your window, pulling you forcibly out of the car, etc.).


It wouldn't be too difficult for the cop to justify his use of sudden and forcible actions with explanations like: He wouldn't let me hear his slurred speech, he wouldn't speak Englsh to me so I thought he might be an illegal alien in a stolen car, he wouldn't let me smell his breath, he wouldn't get out to do a sobriety test, he wouldn't keep his hands in plain view, I saw his companion make a furtive move which might have been to a weapon, etc. etc. Things being what they are, a jury is almost certain to side with the cop.

At that point you realize that giving the traffic cop a rough time means you are the one who suffers a broken window, a faceful of gravel, some bruises, and probably a night (or more) in jail.

[palani]

Shoonra
You might re-read your last post and try to figure out if you might not be living in Russia rather than Maryland. If you don't believe in the rule of law why are you posting on a law forum?

[Shoonra]

Not in Russia but in the Real World.

[Akira-]

yawn......

[Codee]

Originally Posted by Shoonra

It is a misdemeanor under Calif. Vehicle Code sec. 12951.

See also, Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator's license or the vehicle registration certificate by B. Finberg, 6 ALR3d 506 (1966 & supplements)

I did not see it in there. Please show me where it says "It shall be a crime to..."

12951. (a) The licensee shall have the valid driver's license
issued to him or her in his or her immediate possession at all times
when driving a motor vehicle upon a highway.
Any charge under this subdivision shall be dismissed when the
person charged produces in court a driver's license duly issued to
that person and valid at the time of his or her arrest, except that
upon a third or subsequent charge the court in its discretion may
dismiss the charge. When a temporary, interim, or duplicate driver's
license is produced in court, the charge shall not be dismissed
unless the court has been furnished proof by the Department of Motor
Vehicles that the temporary, interim, or duplicate license was issued
prior to the arrest, that the driving privilege and license had not
been suspended or revoked, and that the person was eligible for the
temporary, interim, or duplicate license.
(b) The driver of a motor vehicle shall present his or her license
for examination upon demand of a peace officer enforcing the
provisions of this code.