Is a driver's failure to produce a license presumptive evidence that he was not duly licensed?
MultiRegion, United States of America
The following excerpt is from Wachtler v. County of Herkimer, 35 F.3d 77 (2nd Cir. 1994):
[A driver's] failure, upon demand by the officer, to produce a driver's license, [is] presumptive evidence that he was not duly licensed (see, Vehicle and Traffic Law Sec. 507; People v. Griffin, 116 Misc.2d 751, 758, 456 N.Y.S.2d 334). Driving without a license is a traffic infraction which justifies a police officer's immediate arrest of the unlicensed operator.
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