Legal Question in Criminal Law in Washington

Driving without ID

Being charged as a ''criminal'' because i had no ID on me , but my ID was just down the road and the officer would NOT let me go get it with him/ ''transport''.

I really Need to know, based on the FACT that i had my Washington State ID Card ,just not on me at the time that i should be able to get this reduced to a traffic infraction since i was charged as a criminal for NOT having ID , but i DID just not on me

No Valid Operators license (No ID on person) although the officer identified me ''clearly'' in the ticket he handed me, and identified my parents and notified them, the address on the ticket was on the same street down the road 400 feet from where i was when i received the ticket.

I ''did'' have ''Washington State ID card'' at (home) right down the road and other ID ,passport ect.

i personally think this charge should be dismissed just based on the fact that the officer did not read me my rights and charged me with a crime.


Asked on 11/19/07, 8:50 pm

2 Answers from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: Driving without ID is a crime

The law, right or wrong, requires that every operator of a motor vehicle on a public road not only have a valid driver's license, but have it in possession when driving. The idea behind this law is that the majority of us who assume the risks associated with operating motor vehicle with thousands of other drivers, competent and insane, prefer that everyone meet minimum qualifications to operate motor vehicles safely.

The law also requires that every operator of a motor vehicle possess a valid form of identification on his or her person when operating.

Failure to do so is a crime - a misdemenaor. You have described your circumstances as clearly being a violation of the law.

Failure to advise you of your rights, even if he did "arrest" you, does not result in a dismissal of the charges.

Enter a plea of not guilty, get your driver's license and negotiate with the prosecutor for a reduction of the charge to a misdemeanor. In the meantime, don't drive . . .cuz unlicensed drivers are uninsured drivers, and typically unable to pay for damages out of their own pocket.

Read more
Answered on 11/19/07, 9:43 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Driving without ID

Were you driving? The other attorney answered as if you were but I do not see in your statement where you indicate you were driving. Why did the officer stop you? If he had no lawful reason for detaining you than the case should be dismissed. This is true whether you were driving or not.

At your service,

Read more
Answered on 11/20/07, 11:25 am


Related Questions & Answers

More Criminal Law questions and answers in Washington