Traffic Stops
Veh. Code 12951 — the license, proof of insurance, and the promise to appear
In California, a licensed driver keeps the valid license in immediate possession while driving on a highway and presents it for examination when a peace officer enforcing the Vehicle Code demands it. A charge of not having it is dismissed when the driver produces in court a license that was valid at the time, though on a third or later charge the court may choose not to.
A driver also provides evidence of financial responsibility for the vehicle on an officer's demand, when a notice to appear is issued for most Vehicle Code violations or after an accident, and may show it on a phone. An officer may not stop a vehicle only to check for insurance, and an officer shown a phone views only the proof and nothing else on the device.
Signing the notice to appear is a promise, not an admission, and it is what gets a driver released. For a Vehicle Code violation that is not a felony, the officer writes a notice to appear, and to be released the driver gives a written promise to appear by signing it. A driver without satisfactory identification may be asked to place a thumbprint on it. Once the driver signs, the officer releases the driver.
- A driver who does not present a license or other satisfactory evidence of identity, together with an unobstructed view of the full face, is taken before a magistrate.
- So is a driver who refuses to give a written promise to appear.
- So is a driver who demands an immediate appearance before a magistrate.
- So is a driver charged with driving under the influence.
Signing a promise to appear with a false or fictitious name is a misdemeanor, whatever happens to the original charge. A person who claims under penalty of perjury not to be the person cited may submit a thumbprint to the court for comparison with the one on the notice.
Sources for this section (5)
- Veh. Code 12951 — Possession and display of a driver's license
- Veh. Code 16028 — Evidence of financial responsibility on demand
- Veh. Code 40500 — The written notice to appear and the promise to appear
- Veh. Code 40504 — False signature or false information on a notice to appear
- Veh. Code 40302 — When a person arrested for a Vehicle Code violation is taken before a magistrate
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.