Legalities

Legalities, a weekly column that appears in the Help section of the Southern Illinoisan, is a free service of the Self Help Legal Center. You can visit the Southern Illinoisan website at: http://www.southernillinoisan.com

Q: When I drive out to the pool, I often leave my wallet, including my driver's license, at home. My neighbor told me that it is illegal to drive without your driver's license in your possession. Is that right?

A: This is a tricky one. Section 5/6-112 of the Illinois Vehicle Code clearly states that every driver shall "have his driver's license or permit in his immediate possession at all times when operating a motor vehicle…" The Section goes on to say, however, that no person charged with violating this Section shall be convicted if he/she produces satisfactory evidence at his/her court hearing that he/she had a valid driver's license at the time of arrest.

So, although you are required by law to have your driver's license on you, as long as you can show at your hearing that you had a valid driver's license at the time of the offense, you cannot be convicted of this offense. It won't prevent, you, however, from being arrested for this offense which could be very stressful.

Another reason to keep your driver's license on you when you drive is that the courts in Illinois have held that if you are stopped for some other offense (like speeding, an improper turn, etc.) and you don't have your driver's license in your possession, a police officer or sheriff can detain you and take you to the police station to check to make sure that you have a valid license. Some Illinois courts have even held that you can be stopped just to be checked for a driver's license provided that the stop is not used as a substitute for search for evidence of some other crime unrelated to possession of a valid driver's license.

So, unless you want to turn what could be a routine warning for speeding or failure to wear a seatbelt into a longer, more nerve-racking experience where a police officer has to check for a valid license, you should probably get in the habit of keeping your driver's license with you at all times ---even when you drive to the pool. Besides, getting wet won't hurt your license, it's plastic.

Do you have a legal question? Write us at Self Help Legal Center, SIU School of Law, Mailcode 6804, Carbondale, Illinois or e-mail us at selfhelp@siu.edu. Not all questions will be answered and may be edited for space or content.

Legalities is written by the Self Help Legal Center, a public service of the SIU School of Law. The Self Help Legal Center cannot provide legal representation. It can, however, help you find the answer to your legal problem. This column is for general legal information purposes only and the advice given in this column may not apply to your situation. For specific legal advice about your situation, you should consult an attorney licensed to practice in Illinois. This column is not meant to give legal advice and does not create an attorney-client relationship.