The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," ran in the Champaign News Gazette.

Question

Do I have to carry my drivers license when I’m driving? If I’ve lost it, or just don’t have it with me, can I get ticketed? I have a license, but keep losing it.

Answer

You can be ticketed for not producing a license. But you can beat the ticket, and can avoid being convicted. You have to prove prove you had a valid license when ticketed.

Two different laws are involved. One requires you to have a valid license whenever you operate a motor vehicle in Illinois. That means you’ve passed the written and behind-the-wheel tests. It also means you have been issued a license that hasn’t expired, or been suspended or revoked.

That law says: “No person shall drive a motor vehicle unless he holds a valid license or permit.”

Operating a vehicle without a valid license is a Class A or B misdemeanor. Some details can change the charge.

The other law requires you to produce your license if asked by the police. It proves you’re a legal driver, and provides the needed facts to enforce traffic laws.

This law begins by saying: “Every licensee or permittee shall have his drivers license or permit in his immediate possession at all times when operating a motor vehicle.” It then requires every licensee or permittee to “display such license or permit if it is in his possession upon demand made” by a police officer.

Violating this law is a petty offense. BUT, the law specifically says a driver can’t be convicted if they produce evidence in court. This must be “satisfactory evidence that a drivers license was theretofore issued to him and was valid at the time of his arrest.”

So, you can be charged with the offense of not producing a license, but can’t be convicted if you prove you had a valid license when ticketed.

The insurance laws are almost identical. Having a valid license and insurance are what’s most important.Carrying the proof with you is less important. Others states are similar.

Being unable to produce a license can also result in getting booked at the police station. This would be done to verify your information. This would be instead of just a roadside ticket.

Note that the above laws only apply to drivers—not passengers. If you’re not driving, you’re never required to possess—much less display—any kind of ID or other document.

That means that if you’re a passenger in a car, or just walking down the street, you can legally refuse a request by the police for ID. The only exception is if you’re in a public place and the police think you’re about to commit a crime.

Then, Illinois law says police can ask your name and address. The U.S. Supreme Court says you only have to give your name. Their cases are clear that stopping crime suspects to obtain information isn’t an unconstitutional search and seizure.

Obviously, refusing to answer police questions won’t necessarily makes things go more smoothly. If you’re going to refuse, do it after talking with your own lawyer—not based on what you read in the newspaper.