ID Laws in the state of Texas?
I have a question. If I am pulled over in state of Texas and cop does not give a reason or maybe suspension, but he ask for my.ID and registration could I tell him no because no crime was committed and it would be invasion of privacy against my constitutional rights?
Also what If I'm pulled over for expired registration. Do I still have to present my ID? Is expired registration a crime?
and If it wasn't a crime committed can I then tell the officer are detaining me or am I free to go?
- ChetLv 77 years agoFavorite Answer
Under Texas law if you are operating a motor vehicle you must present an ID when asked. Even if you are not committing any crime.
Texas Transportation Code
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
Same with proof of financial responsibility.
Texas Transportation Code
Sec. 601.053. EVIDENCE OF FINANCIAL RESPONSIBILITY. (a) As a condition of operating in this state a motor vehicle to which Section 601.051 applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting:
(1) a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy;...........
This is only when you are operation a motor vehicle. If they ask for a DL/ID when you are not operation, then you do not have to provide one. Nor do you have to give your name, address or date of birth unless you have been LAWFULLY ARRESTED. Just dont lie.
Texas Penal Code
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
To those that need proof (which is strange because there is the law), here is a video of someone that was not driving a vehicle that a DPS trooper demanded to see an ID/DL. He refused. Guess what happened???? Nothing.
- PeteLv 67 years ago
When a police officer asks for I.D. the best thing to do is comply. If you are driving a car you have to have a drivers license and he has every right to ask for it. If you refuse he can arrest you and likely he will till you can be identified since your refusal is probable cause that you do not want anyone to know who you are. Not being cooperative with a police officer is just foolish and often leads to far more problems than a ticket. To write you a ticket he must know who you are and have your license information. Even an expired registration, not a crime as such but a ticket able offense, the driver gets the ticket, not the car so since you may not own the car but are driving it he need to know who you are. You are fighting a battle you can't win.
- wendy cLv 77 years ago
"because no crime was committed"
that is YOUR evaluation or thought. The police obviously suspects otherwise, or he would not have pulled you over. YES, it is a misdemeanor to have expired registration, and valid reason to pull someone over. Driving a car with expired registration means you HAVE done something.
Since you are pulled over, he does have AUTHORITY to demand identification ..and you can be taken in, for refusing.
No clue where you think driving on public roads is "private". It is in public and your privacy is not being invaded.
- Lynn BodoniLv 77 years ago
If you are pulled over, as in driving a car, the cop will ask for your license and proof of insurance, and s/he doesn't need any reason. YOU have to prove that you have earned the privilege of driving in Texas.
If you're walking down the street, and a cop stops you and asks for ID, yes, you can refuse, but the cop can take you into custody and you'll probably be held in jail until the police department determines who you are. And yes, that's legal.
Usually people who refuse to provide ID are either criminals or are just being jerks. There is no legitimate reason to refuse to provide ID, and the cops will act upon that.
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- STEVEN FLv 77 years ago
In ALL 50 states, the fact you are operating a vehicle is sufficient reason to DEMAND to see your LICENSE to operate a vehicle. That license IS a form of state issued ID. If you refuse to show ID, you WILL be arrested.
- Anonymous7 years ago
You may look like a wanted oerson a quick production of your
ID and your on you way
say no and you are arrested until they can confirm your ID
- MardukLv 77 years ago
You have a perfect right to do nothing and he has a perfect right to arrest you. Any state, not just TX.
- Anonymous7 years ago
If you have committed a crime in Texas, you need to know if you have a warrant for your arrest. Every year the state does "The Great Texas Roundup" for outstanding warrants.