8-244. Licenses to be carried and delivered upon demand; defense. (a) Every licensee shall have such person's driver's license in such person's immediate possession at all times when operating a motor vehicle. However, no person charged with violating this subsection shall be convicted if such person produces in court or the office of the arresting officer a driver's license theretofore issued to such person and valid at the time of arrest.
(b) Every licensee operating a motor vehicle shall promptly deliver such person's driver's license upon demand of any officer of a court of competent jurisdiction, any peace officer or any examiner or officer of the division of vehicles when the license is in such person's immediate possession at the time of the demand.
History: L. 1937, ch. 73, § 11; L. 1949, ch. 104, § 15; L. 1959, ch. 49, § 12; L. 1973, ch. 134, § 2; L. 1975, ch. 36, § 15; L. 2019, ch. 29, § 1; July 1.
Law Review and Bar Journal References:
"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 407 (1979).
"Random Automobile Spot Checks," John Gerstle, 2 J.K.T.L.A. No. 6, 11, 12 (1979).
CASE ANNOTATIONS
1. Cited in reversing conviction under K.S.A. 8-235. State v. Walker, 199 Kan. 508, 511, 430 P.2d 268.
2. Marijuana discovered in defendant's car after check of driver's license hereunder; conviction under K.S.A. 65-2502 upheld. State v. Grabowski, 206 Kan. 532, 534, 479 P.2d 830.
3. Mentioned in connection with criminal trial questioning officers' right to search and seize. State v. Frizzell, 207 Kan. 393, 397, 485 P.2d 160.
4. Section authorizes police officer to stop an automobile for the purpose of checking a driver's license. City of Overland Park v. Sandy, 2 Kan. App. 2d 176, 177, 178, 179, 180, 576 P.2d 1097; 225 Kan. 102, 103, 106, 109, 587 P.2d 883.
5. Violation of section noted on appeal from conviction of murder; conviction affirmed. State v. Shaffer, 223 Kan. 244, 248, 574 P.2d 205.
6. Random automobile stop and detention of driver to check license and registration unreasonable; amendments 4 and 14 violated. Delaware v. Prouse, 99 S. Ct. 1391.
7. Cited; implied consent given pursuant to K.S.A. 8-1001 applicable to unconscious or incapacitated driver; results of breath test admissible as evidence. State v. Garner, 227 Kan. 566, 608 P.2d 1321.
8. Requirement for production of driver's license upon demand of police officer hereunder is constitutionally valid; not violative of Fourth or Fifth Amendment rights. State v. Greenberg, 4 Kan. App. 2d 403, 408, 607 P.2d 530.
9. Whether police had authority to arrest plaintiff when he admitted he carried no driver's license examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1557 (1993).
10. Officer lacked probable cause to arrest when defendant was driving without requisite driver's license, but dispatcher had informed officer that defendant had valid license and could not have been convicted under statute. U.S. v. Lopez, 849 F.3d 921, 929 (10 th Cir. 2016).
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