Thread: Photograph taken in liew of Driver's License? New Law

What!? We don't need to present our Driver's License any longer? This makes no sense to me.
And why is this related to identity theft?

Ignoring the Illegal Immigrant problem:
What's the logic behind not requiring a Driver's License as an ID, especially from an Officer of the Law?
Because he's going to steal our identity?
We're not providing our Social Security Number, nor will the officer be asking for our credit cards.
If I can't trust giving my Driver's License to an officer, who can I trust?
Isn't the Driver's License the #1 reason to have this particular type of ID when driving a car?

Another possibility:
Since I can't fathom a sensible reason why I or anyone else should be suspicious of an officer stealing their ID or why it's ok not having this form of ID when driving a motor vehicle, something stinks here.
Don't we need a Driver's License to legally drive? Isn't not having a License available a moving violation of fine in itself? Isn't this a reasonable expectation? (or it used to be)
Maybe I'll just carry my water bill or library card instead?
Why even have a Driver's License (ok it's still needed for a Class 2 or 3 violation)?
I assume a Proof of Insurance card is still required?
As a driver on the road, I'd like to know that the driver next to me has a valid Driver's License and is insured.
Quote: "officer has a reasonable suspicion regarding the true identity of the person"
My read: "officer believes the driver is an illegal alien, it's a minor violation, so let's just take his photograph and let him be on his way".
I see no other logical choice than allowing Illegal's to have a photograph taken instead of producing a valid, legal Driver's License (although there's no guarantee it's legitimate or wasn't just "given" to them when NC was giving everyone Driver's Licenses)
I'm still not clear what this law has to do with identity theft!!??


RATIFIED LAW
===============
S.L. 2007-534 (HB 454) Identity theft.
An act to protect the identity of individuals by authorizing the taking of a photograph of a person who is cited for a motor
vehicle moving violation, who does not produce a valid drivers license upon the request of a law enforcement officer, and
where the law enforcement officer has a reasonable suspicion regarding the true identity of the person, and to provide a
cause of action for a person whose identifying information is published over objection.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
HOUSE BILL 454
RATIFIED BILL
AN ACT to protect the identity of individuals by authorizing the taking of a photograph of a person Who is cited for a motor
vehicle moving violation, who does not produce a valid drivers license upon the request of a law enforcement officer, and
where the law enforcement officer has a reasonable suspicion regarding the true identity of the person, and to provide a
cause of action for a person whose identifying information is published OVER OBJECTION.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-502 reads as rewritten:

"…

(b) This section does not authorize the taking of photographs or fingerprints when the offense charged is a Class 2 or 3
misdemeanor under Chapter 20 of the General Statutes, "Motor Vehicles." Notwithstanding the prohibition in this subsection, a
photograph may be taken of a person who operates a motor vehicle on a street or highway if:

(1) The person is cited by a law enforcement officer for a motor vehicle moving violation, and

(2) The person does not produce a valid drivers license upon the request of a law enforcement officer, and

(3) The law enforcement officer has a reasonable suspicion concerning the true identity of the person.

As used in this subsection, the phrase "motor vehicle moving violation" does not include the offenses listed in the third
paragraph of G.S. 20-16(c) for which no points are assessed, nor does it include equipment violations specified in Part 9 of
Article 3 of Chapter 20 of the General Statutes.

(b1) Any photograph authorized by subsection (b) of this section and taken by a law enforcement officer or agency:

(1) Shall only be taken of the operator of the motor vehicle, and only from the neck up.

(2) Shall be taken at either the location where the citation is issued, or at the jail if an arrest is made.

(3) Shall be retained by the law enforcement officer or agency until the final disposition of the case.

(4) Shall not be used for any purpose other than to confirm the identity of the alleged offender.

(5) Shall be destroyed by the law enforcement officer or agency upon a final disposition of the charge.


http://news14.com/content/top_stories/5 ... fault.aspx

http://www.ncga.state.nc.us/Sessions/20 ... 454v5.html

http://www.ncsba.org/advocacy/Legislati ... .htm#HB454

Unless it's a booking photo/mug shot, I don't understand this one either.