Here’s the scenario. You lose your current driver’s license, which is up-to-date. So you grab your old one with a passed expiration date, which you just happen to have around. Now you get pulled over. Does this count as driving with an expired license? Is the license the piece of paper, or is it the underlying computer record?
Also, how about the similar question with insurance cards? Assuming I’m paid up at all times, am I screwed if I get in an accident and only have the expired insurance card in the car?
Many states have a law that requires you to drive with a valid license in your possession. If the one you have has expired, that is, of course, not valid. The court will usually dismiss the charge if you produce the valid license, but that depends on the area and the judge.
If your insurance is paid up, you’re insured. Now convince the police and the other party that you are. It may be a crime to drive without valid insurance in your state. In this case, however, it is not a crime to drive without proof of valid insurance on you. So if you are ticketed for that, you can show the judge that you have valid insurance.
In the instances you describe you would probably get a ticket for failure to produce the proper credentials. In NJ this is a non-moving violation (no points). As you note, you are liscensed and insured, but your paperwork is not in order which is a ticketable offense.
I was once lucky enough to be pulled over for speeding when I did not have my current insurance card with me. The officer decided to give me the ticket for improper documents ($10 or $15 IIRC) instead of the speeding ticket ($60 + points). He was pretty cool about it too. I said I would turn around and go get the new insurance card and he told me not to bother. If I got stopped again that day I could show the officer the ticket and would not get another (according to him).
“Many states have a law that requires you to drive with a valid license in your possession. If the one you have has expired, that is, of course, not valid.”
Not always: in the US, active US military personnel do not have to have a current driver’s license if they maintain a current military ID. They can even drive with an out-of-state and expired license. -Of course, if you’re not in the military or living near a military base, you might not know this.
In IL, when the report is processed, the police will verify your insurance information. Carrying the card just makes it easier to do that, but (during normal business hours) they don’t exactly need the card- it just makes things easier. In the event of an “event”, they will copy the policy number off of an old card. You must have insurance, and the card is not the insurance. - MC
Military personnel are covered by federal law and the state laws requiring drivers’ licenses do not affect them, as the federal law supersedes the state law.
A little bit of confusion here. Being in the military will NOT excuse one from the requirement to have a valid drivers license from your state of residence. Federal law superseding state law isn’t in the mix at all, unless there’s a 50 State Federal Drivers License available that I’m not aware of.
Clear as mud? Good. Now, what many (not all) states have done is allow active duty military personnell an extension of the validity of their license by varying periods, since many people are stationed overseas and can’t update their licenses. Some states will send a non-photo renewed license. Other states rule that a drivers license is valid for 6 months after retirement or “getting out” of the military, for example.
I actually knew platoon sergeant who had not renewed his license for 17 years while he was serving. Not everyone is aware of the laws, and they differ widely state to state. The nice lady at the DMV was dumbfounded “Where have you been???”
I recently got pulled over for making a ‘Prohibited Turn’ (I turned right at an intersection that had a “No Turn On Red” sign.) I didn’t have my proof of insurance, because the Secretary of State hadn’t gotten its lazy ass around to mailing it to me yet. Still, the tags on my plate were up-to-date, so the cop realized that I must be properly insured.
BTW, I challanged the ticket, and the judge let me plea down to an offense that didn’t put any points on my license. Still, I never forget to look for those little “No Turn On Red” signs anymore.
New Jersey used to have license renewal by mail. You just filled out the form and they sent you a non-picture id. I kept the old one for the heck of it.
[hijack for minor rant]
The one time I went to court over a speeding ticket (got probation before judgement, meaning no points if I kept clean for a year, but had to pay $70 in “court costs”–oddly, the same amount the ticket would have been), a midshipman was up before me. He had been pulled over for doing 85 in a 55, and he didn’t have a valid license. He told the judge his father told him he didn’t have to have one. The judge listened to it all, told him to go get a license, essentially thanked him for serving his country, and let him walk out of the courtroom. NOT ONE WORD ABOUT DRIVING 85 MPH!!! Let alone a fine, points, or even court costs.
It must vary by state, as I have both of my old ones, and they weren’t punched or anything, just handed back to me with the new ones. Since it’s the DMV, I guess it’s not too surprising- I didn’t realize until this spring that there are places in the US that don’t require yearly vehicle inspections.
When I was in the Army (40 years ago), it was my understanding that you did not need a state license to drive so long as you passed the military driving exam. There need not be a 50-state federal drivers license. You only needed the military license, which was good in the whole USA. The law may have changed since then, but I remember that no matter if you had a state license, you had to pass the driving test in the military to drive, and once having done that, your military license was good in all the states.
IANAL, but I was a military policeman.
A military driver’s license is only valid when driving a government-owned vehicle. Period. End of story. Anyone driving a POV on a military installation is required to possess a state-issued driver’s license, although expiration is often overlooked if the SM is outside his home state and has not had ample opportunity to get it renewed (a year or so is what most of us allowed, but I’ve seen licenses two and three years out of date from states that do not allow non-photo renewal by mail).
Most states have relaxed restrictions for servicemembers on such things as driver’s license, expired vehicle registrations, and the like. Most police officers will give a freebie to a GI who has recently returned from overseas or out of state, but they are not compelled to do so. Several states allow a grace period while others do DL renewal by mail. YMMV. Don’t piss off the MP or civilian cop and you’ll get away with a lot more.
Well, it’s a minor point- You have to have a valid state issued drivers license to enlist in the Army for certain jobs- “MOS”; Truck Driving, for example “Motor Transport Operator” and a few others. While there are some valid reasons not to have a drivers license upon entering the Army, it also technically prohibits a soldier from driving a military vehicle off base or training areas.
Today, if you enter the military with a current, valid state issued DL, most states either grandfather your license in as valid for the duration of your time in the service, or it can be done by mail. Several states also extend this period for 3 months, 6 months, or a year after separation from the service.
A disturbing trend is state “Compacts” (I’m sure there are other names) whereby an unpaid traffic ticket in one state results in automatic suspension of said license in the state of residence. I was on vacation out of state while I was on leave, and thoroughly enjoying myself until I was caught in a revenue enhancing speed trap in some podunk town. Out of state visitors are a popular target, since the chances of a vacationing motorist sticking around a week or so to fight it in court are slim. I wouldn’t have minded, but for once in my life, I wasn’t actually speeding. Figures.
I was pissed off enough to throw the ticket away swearing never to set foot in said state again. Unfortunately, my home state yanked my license, which I was unaware of for several years (overseas military, non-requirement of renewal because of same) Thankfully, I was able to straighten things out without any trouble.
Don’t know about the Driver’s license, but my brother was stoped in Stone Mountain, GA for “weaving inside his own lane” (Anyone from that area will know that Stone Mountain cops are very strict and that was probable cause). He got a ticket for driving without proof of insurance because we forgot to put the new cards into the car. The old card expired one (1) day before. All he had to do to get out of the ticket was show that he had insurance.