- A licensee has the license in immediate possession at all times when driving, and displays it on demand to a peace officer.
- It is a defense to that charge to produce in court a license issued before the arrest and valid at the time of it.
A driver asked by an officer for a license who fails to display it may have that failure admitted in court as prima facie proof of driving without a license; presenting to the court a license valid on the date of the charge is a defense.
The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (8)
- KRS 186.510 — License to be in possession and to be shown on demand
- KRS 186.620 — Unlawful to drive or permit another to drive without license -- Display of license on request of peace officer -- Defense
- Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
- Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
- Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
- Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.