Old 04-21-10 | 08:28 PM
  #28  
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CB HI
Cycle Year Round
 
Joined: Mar 2005
Posts: 13,644
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From: Honolulu, HI
Originally Posted by JPprivate
I guess the problem is with cops ticketing cyclists that cyclists can't be IDed easily. What are they supposed to do? Take their word for it, .... 'yes, so your name is John Smith, and you live on 100 Main Street, in Honolulu, Hawaii.... ok then'.
Not this cyclist must carry ID cards again. First, cops can easily check your identification with just your verbal name and birth date. The in car computer can look it up, including address, arrest and warrants in just a few seconds.

Originally Posted by AdamDZ
If you operate a vehicle on a public street you are required to have a valid ID with you, in NY State at least. They can hold you for identification or confiscate your bike - should be scary and inconvenient enough to make cyclists think twice.
You are only required to carry a drivers license if you are operating a MOTOR vehicle. NO ID card is required for riding a bicycle. Cops cannot legally confiscate your bicycle for not having an ID card on you.


Here is the US Supreme Court - Hiibel case that establishes that a cyclist is only required to provide basic verbal identifying information if stopped by police:

HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA
http://caselaw.lp.findlaw.com/script...&invol=03-5554

Here is the bottom line on cyclist and ID Cards. The Hiibel US Supreme Court case firmly establishes that if a cyclist is stopped by police either for investigation or arrest, all the cyclist must do, is verbally provide their correct name and birth date. No state laws can override this. So no state can legally compel cyclist to carry or present an ID Card to police.

If a cyclist wants to carry an ID Card for emergencies, fine, but cyclist are not required to so. Cyclist can also put an emergency contact number into their cell phone under ICE (standing for ‘‘In Case of Emergency’’) which would also allow police or EMTs to quickly contact someone who knows you, and may know any special medical conditions you have.

Now if you are in a state like California, that has a law that a citizen who has committed a traffic infraction and if that citizen is willing to show a valid ID Card and sign a promise to appear, then the police must release the citizen with a citation and cannot take such citizen into custody; then it might be a good idea to carry a valid ID Card with you, IF you plan on breaking traffic laws and you are also going to carry illegal drugs, weapons or other illegal items on you. In such a case, the ID Card might be a get out of jail free card for the illegal drugs, weapons or other illegal items. For those of us that do not break the traffic code and do not carry illegal drugs, weapons or other illegal items; NOT carrying the ID Card when cycling has no legal impact.

Choosing to either carry an ID Card or NOT carry an ID Card is YOUR legal choice when cycling.
You cannot be arrested for not carrying and presenting an ID Card to police when cycling.

Folks, if you are truly interested in the ID Card subject and confirming for yourself that a cyclist is only required to provide basic verbal identifying information if stopped by police, please read the Hiibel case. It is long and may be a little hard to follow, but it is worth while to understand your rights.
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