When Do Passengers Have to Show the Police Their ID

I was in a car that was pulled over for illegal lane change and speeding. I was the passenger in this car and was not wearing my seatbelt the cop noticed this and told me to provide identification I asked him why at first and he told me to get out of the car. he demanded I provided him with a drivers license and I told him as a passenger I am not required to carry a driving license but he told me I must identify myself because I was found guilty of wearing no seat belt having no id on me the best I could do was verbally provide my name address phone number postal code everything he asked. I was later ticketed with the no seat belt offence.

but I was wondering if I was right about the fact as a passenger you are only required to provide verbal identification. because he told me I could be arrested and charged for not having legal identification on me? when you are guilty of a seatbelt offence as a passenger by law are you required to show drivers license?

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Quoting bodybuilder

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I was in a car that was pulled over for illegal lane change and speeding. I was the passenger in this car and was not wearing my seatbelt the cop noticed this and told me to provide identification I asked him why at first and he told me to get out of the car.

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You do not mention your state. I will answer this as it applies to California.

If you are NOT subject to citation, you would not have to present your ID to the officer. However, as you were not wearing a seatbelt and could be cited, assuming the officer intended to cite you than he CAN ask for acceptable proof of identification or he can book you into the jail pending that identification. I suspect that in most any state you would be required to provide ID if being cited, and since you were not wearing a seatbelt you would appear to be eligible for citation.

You're lucky because he might not accept your verbal ID and could have probably taken you to jail pending identification and citation or an appearance before a judge.

It is usually a BAAAD idea to argue with the officer on the side of the road. But, if you are willing to accept the potential consequences, go right ahead.

I'll follow through on cdwjava's answer and provide you with a code section (there are others as well)...

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Quoting bodybuilder

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he told me I must identify myself because I was found guilty of wearing no seat belt

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No, you hadn't been found guilty... Not yet at least!

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Quoting bodybuilder

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but I was wondering if I was right about the fact as a passenger you are only required to provide verbal identification. because he told me I could be arrested and charged for not having legal identification on me? when you are guilty of a seatbelt offence as a passenger by law are you required to show drivers license?

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Vehicle Code section 40302.

Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases:

(a) When the person arrested fails to present his driver’s license or other satisfactory evidence of his identity for examination.

(b) When the person arrested refuses to give his written promise to appear in court.

(c) When the person arrested demands an immediate appearance before a magistrate.

(d) When the person arrested is charged with violating Section 23152.

(Amended by Stats. 1982, Ch. 53, Sec. 43. Effective February 18, 1982.)

And FYI, "without unnecessary delay" doesn't mean "oh. let's drive to the magistrate's house, we'll talk to him and you'll b on your way"... Nope! It means you get dragged to the station, booked, fingerprinted, processed, and then... if you're lucky, and they are able to determine your identity or if you can somehow prove you are who you say you are, then you can be released after being issued a citation.

Additionally, and before you say "but I wasn't arrested"... Oh yes you were. And the only reason why you got released without getting taken in to get booked, finger printed and processed was probably because you signed a notice to appear and the officer was eventually convinced you are who you said you are.

Notice it isn't restricted to a "driver"... It says a "person"... "ANY person"... And it doesn't say you have to be "driving"... You could get stopped and questioned for walking across the roadway if it is in violation of the vehicle code ("jaywalking" for example,... Or walking against a "Do Not Walk" signal...

And, at least in CA, going directly before the magistrate typically means going to jail until the judge can see you - which may be up to 48 hours (or more if on a Holiday or weekend).

In San Diego County we would get people that would demand this even during business hours. We'd transport the defendant to the courthouse, bring him into the designated courtroom, stand at the back and the judge would give is the high sign when he got a break and then he would remand the defendant into custody and we'd hand the guy off to the bailiff and leave. Many a defendant was left with a dumbfounded look on his face as he stuttered "B-b-b-b-but ..."

Being taken to the magistrate does not mean that they have to make any decision right away.

However, in some states they have night courts and arraignment judges that might here your case right away. That's not the case here.

(And I did not want to break out codes and case law, yet, as the OP may be in some state where traffic offenses are civil infractions, or a state that has a so-called "stop and identify" statute.)

Thanks this is all a big help

But my state. I'm actually canadian from ontario and wondered if anyone knew the answer to my question referring to the highway traffic act.

Sorry should have been more specific

This is primarily a US board. US and Canadian law are not the same. We have no experts in Canadian law here.

Never assume anything.... Even when this post came @ 10:29, only 10 minutes prior to this thread: Ticket for Unsafe Lane Change, VC 22350 where another kid claimed he had 3 passengers and had been cited for illegal lane change and speeding... What are the odds? :D

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Quoting bodybuilder

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I'm actually canadian from ontario and wondered if anyone knew the answer to my question referring to the highway traffic act.

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My guess is no matter where you're from, its never a good idea to refuse to identify yourself to the police... Answering questions, might be a different story but offering ID... Still, check your local laws to be on the safe side! (If its not covered under the highway traffic act, you might find something under your province's criminal laws).

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Quoting cdwjava

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In San Diego County we would get people that would demand this even during business hours. We'd transport the defendant to the courthouse, bring him into the designated courtroom, stand at the back and the judge would give is the high sign when he got a break and then he would remand the defendant into custody and we'd hand the guy off to the bailiff and leave. Many a defendant was left with a dumbfounded look on his face as he stuttered "B-b-b-b-but ..."

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Touché... Serves them right... There is always an upside to every story!

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Quoting That Guy

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Touché... Serves them right... There is always an upside to every story!

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And their car had often already been towed ta boot!

We found this most often with the Sovereign Citizen brigades. These guys were having a hay day in the 90s and thought they were so smart - even went so far as to file liens on judge's and officer's homes to satisfy mythical judgement by "people's" courts. Many officials would frequently check for filings against property just not to be surprised the day they went to sell their home to find that some bogus lien had been claimed.