Summary
In People v. Bohn (91 Misc 2d 132 [App Term, 2d Dept 1977]), the Appellate Term noted that under this statutory scheme failure to provide the required documentation is presumptive evidence of the unlawful acts of driving without a license, registration, or proof of insurance and justifies summary arrest of the motorist.
Summary of this case from People v. AlstonOpinion
April 21, 1977
Appeal from the District Court of Suffolk County, First District, ALFRED M. LAMA, J.
Bracken Jacoppi (James D. Trump of counsel), for appellant.
Henry F. O'Brien, District Attorney (Ronald E. Lipetz of counsel), for respondent.
MEMORANDUM.
Judgment of conviction unanimously reversed on the law, information dismissed and fine remitted.
In our opinion, section 1102 Veh. Traf. of the Vehicle and Traffic Law is designed to compel obedience to an order of a police officer regulating the control or movement of traffic. The failure or refusal of a motorist to exhibit a license or registration when properly requested is not a violation that falls within the scope of section 1102. We note that where an operator of a motor vehicle fails to exhibit the required documents he may be charged with being an unlicensed operator or operating an unregistered vehicle. Moreover, if he fails or refuses to sufficiently identify himself, the operator may also be arrested (see People v Copeland, 39 N.Y.2d 986).
Concur: FARLEY, P.J., GLICKMAN and SILBERMAN, JJ.