Officer stops person for speeding. Asks for license and insurance. Person has photos of both on smartphone. OK, I recall hearing something about that being OK for the insurance...and I know that one shall carry one's license. Is a photo (front and back) acceptable? Is there anything other than a gut feeling to say it isn't?

THanks..

There was indeed a change to allow insurance to be carried electronically (and it's how I personally do it!). But no change to the DL statute. I think the best argument that DL statute requires you to carry the actual DL is that they specifically changed insurance to allow, but made no such change to the DL statute.

No, the other part of that is- Really? Was it an otherwise valid DL? How would the officer have handled it if the driver had said "You know what, I've got a valid DL, but I left my wallet at home today."

A person is required to have the driver's license in their possession while operating a motor vehicle and display the license upon demand of a peace officer. Tex. Trans. Code 521.025(a).

When it comes to insurance, however, Tex. Trans. Code 601.053(1) clearly states "or a photocopy of the policy." If they wanted a photocopy of the DL to be sufficient, they could have put that exact same language in the DL statute. They did not.

However, it is a defense to prosecution if the person produces in court a DL that is issued to that person and was valid at the time of arrest/citation. Tex. Trans. Code 521.025(d). The court may assess a defendant an administrative fee not to exceed $10 if a charge is dismissed because of the above defense. Tex. Trans. Code 521.025(f).

Hope that helps.

Eric K. Quisenberry
Assistant Brazos County Attorney

Thanks, all. Some of these young turks are determined to carry the world in a phone...