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Oregon Revised Statutes

Or. Rev. Stat. § 807.570 (2026)

Failure to carry or present license; penalty

✓ current as of May 2026
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      807.570 Failure to carry or present license; penalty. (1) A person commits the offense of failure to carry a license or to present a license to a police officer if the person either:

      (a) Drives any motor vehicle upon a highway in this state without a license, driver permit or out-of-state license in the person’s possession; or

      (b) Does not present and deliver such license or permit to a police officer when requested by the police officer under any of the following circumstances:

      (A) Upon being lawfully stopped or detained when driving a vehicle.

      (B) When the vehicle that the person was driving is involved in an accident.

      (2) This section does not apply to any person expressly exempted under ORS 807.020 from the requirement to have a driver license or driver permit.

      (3) Except as provided in ORS 813.110, it is a defense to any charge under this section that the person so charged produce a license, driver permit or out-of-state license that had been issued to the person and was valid at the time of violation of this section.

      (4) A police officer may detain a person arrested or cited for the offense described in this section only for such time as reasonably necessary to investigate and verify the person’s identity.

      (5) The offense described in this section, failure to carry a license or to present a license to a police officer, is a Class C misdemeanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217 §6]

Notes of Decisions
Cited in 76 cases (5 in the last 5 years), 1987–2026 · leading case: State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018).
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State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018). · cites it 16× “570(4), which provides that a "police officer may detain a person arrested or cited for [violating ORS 807.570 ] only for such time as reasonably necessary to investigate and verify the person's identity," and Article I, section 9, of the Oregon Constitution, which prohibits…”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008). · cites it 18× “In his pretrial motion to dismiss, defendant moved “for an order dismissing ORS 807.570 from this case in the furtherance of justice, pursuant to ORS 807.”
State v. Boatman, 57 P.3d 918 (Or. Ct. App. 2002). · cites it 12× “Defendant was arrested for failure to present a license, ORS 807.570, handcuffed, and placed in the police car.”
State v. Durando, 323 P.3d 985 (Or. Ct. App. 2014). · cites it 11× “” McNair cited defendant for failure to carry or present a license under ORS 807.570 and for possession of less than an ounce of marijuana under ORS 475.”
State v. McNally, 392 P.3d 721 (Or. 2017). · cites it 2× “ORS 807.570. And, of course, if the legislature determines that passive resistance, as interpreted and applied here, unduly compli- cates the work of peace officers in protecting public safety and enforcing the law, it can amend ORS 162.”
State v. Rodgers, 227 P.3d 695 (Or. 2010). · cites it 2× “540 (fleeing or attempting to elude a police officer), and to interact with the officer, see ORS 807.570 (failure to carry or present license) and ORS 807.”
State v. Ashbaugh, 244 P.3d 360 (Or. 2010). · cites it 2× “The police therefore seized the defendant when they stopped him and investigated the traffic violation. When that investigation was complete, the officers did not tell the defendant that he was free to go and therefore continued to seize him.”
State v. Auer, 752 P.2d 1250 (Or. Ct. App. 1988). · cites it 8× “992; ORS 807.570. The state appeals from an order that allowed defendant’s motion to suppress evidence seized during a search and dismissed the indictment.”
State v. Mendonca, 894 P.2d 1247 (Or. Ct. App. 1995). · cites it 9× “ORS 807.570. We reverse. Defendant was stopped by a Grants Pass police officer for driving a vehicle without displaying registration plates.”
State v. Farley, 764 P.2d 230 (Or. Ct. App. 1988). · cites it 16× “110(3) and ORS 807.570 now govern the stop and detention of drivers for traffic infractions.”
State v. Suppah, 369 P.3d 1108 (Or. 2016). · cites it 2× “” In the same vein, ORS 807.570 makes it a crime to fail to “present and deliver” a license to a police officer when requested by the police officer “* * * [u]pon being lawfully stopped or detained when driving a vehicle.”
State v. Bea, 864 P.2d 854 (Or. 1993). · cites it 3× “Defendant was charged with failure to carry or present a driver’s license, ORS 807.570, and unlawful possession of a controlled substance, ORS 475.”
Show all 76 citing cases →
— Or. Rev. Stat. § 807.570(1) — 4 cases
State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018). “570(4), which provides that a "police officer may detain a person arrested or cited for [violating ORS 807.570 ] only for such time as reasonably necessary to investigate and verify the person's identity," and Article I, section 9, of the Oregon Constitution, which prohibits…”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008). “In his pretrial motion to dismiss, defendant moved “for an order dismissing ORS 807.570 from this case in the furtherance of justice, pursuant to ORS 807.”
State v. Farley, 764 P.2d 230 (Or. Ct. App. 1988). “110(3) and ORS 807.570 now govern the stop and detention of drivers for traffic infractions.”
Alvarez v. Univ. of Oregon (D. Or. 2020).
— Or. Rev. Stat. § 807.570(1)(a) — 2 cases
State v. Jensen, 794 P.2d 448 (Or. Ct. App. 1990).
State v. Roque-Escamilla, 806 P.2d 1173 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 807.570(1)(b) — 3 cases
State v. Scheer, 781 P.2d 859 (Or. Ct. App. 1989).
State v. Farley, 764 P.2d 230 (Or. Ct. App. 1988). “110(3) and ORS 807.570 now govern the stop and detention of drivers for traffic infractions.”
State v. Samuel, 802 P.2d 700 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 807.570(1)(b)(A) — 6 cases
State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018). “570(4), which provides that a "police officer may detain a person arrested or cited for [violating ORS 807.570 ] only for such time as reasonably necessary to investigate and verify the person's identity," and Article I, section 9, of the Oregon Constitution, which prohibits…”
State v. Kreis, 451 P.3d 954 (Or. 2019).
State v. Bea, 864 P.2d 854 (Or. 1993). “Defendant was charged with failure to carry or present a driver’s license, ORS 807.570, and unlawful possession of a controlled substance, ORS 475.”
State v. Farley, 764 P.2d 230 (Or. Ct. App. 1988). “110(3) and ORS 807.570 now govern the stop and detention of drivers for traffic infractions.”
State v. Roque-Escamilla, 806 P.2d 1173 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 807.570(3) — 7 cases
State v. Durando, 323 P.3d 985 (Or. Ct. App. 2014). “” McNair cited defendant for failure to carry or present a license under ORS 807.570 and for possession of less than an ounce of marijuana under ORS 475.”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008). “In his pretrial motion to dismiss, defendant moved “for an order dismissing ORS 807.570 from this case in the furtherance of justice, pursuant to ORS 807.”
Hass v. Port of Portland, 829 P.2d 1008 (Or. Ct. App. 1992).
State v. Washington, 401 P.3d 297 (Or. Ct. App. 2017).
State v. Roque-Escamilla, 806 P.2d 1173 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 807.570(4) — 16 cases
State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018). “570(4), which provides that a "police officer may detain a person arrested or cited for [violating ORS 807.570 ] only for such time as reasonably necessary to investigate and verify the person's identity," and Article I, section 9, of the Oregon Constitution, which prohibits…”
State v. Boatman, 57 P.3d 918 (Or. Ct. App. 2002). “Defendant was arrested for failure to present a license, ORS 807.570, handcuffed, and placed in the police car.”
State v. Auer, 752 P.2d 1250 (Or. Ct. App. 1988). “992; ORS 807.570. The state appeals from an order that allowed defendant’s motion to suppress evidence seized during a search and dismissed the indictment.”
State v. Bishop, 967 P.2d 1241 (Or. Ct. App. 1998).
State v. May, 986 P.2d 608 (Or. Ct. App. 1999).
— Or. Rev. Stat. § 807.570(5) — 1 case
State v. Middleton, 432 P.3d 337 (Or. Ct. App. 2018). “570(4), which provides that a "police officer may detain a person arrested or cited for [violating ORS 807.570 ] only for such time as reasonably necessary to investigate and verify the person's identity," and Article I, section 9, of the Oregon Constitution, which prohibits…”
— Or. Rev. Stat. § 807.570(l)(b) — 1 case
State v. Claxton, 915 P.2d 421 (Or. Ct. App. 1996).
— Or. Rev. Stat. § 807.570(l)(b)(A) — 7 cases
State v. Suppah, 369 P.3d 1108 (Or. 2016). “” In the same vein, ORS 807.570 makes it a crime to fail to “present and deliver” a license to a police officer when requested by the police officer “* * * [u]pon being lawfully stopped or detained when driving a vehicle.”
State v. Scheer, 781 P.2d 859 (Or. Ct. App. 1989).
State v. Dow, 842 P.2d 430 (Or. Ct. App. 1992).
State v. Bridgeman, 23 P.3d 370 (Or. Ct. App. 2001).
State v. Bishop, 967 P.2d 1241 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 807.570(lXb) — 1 case
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008). “In his pretrial motion to dismiss, defendant moved “for an order dismissing ORS 807.570 from this case in the furtherance of justice, pursuant to ORS 807.”
— Or. Rev. Stat. § 807.570(lXb)(A) — 1 case
State v. La France, 184 P.3d 1169 (Or. Ct. App. 2008).
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