4thPointOfContact
Member
- Joined
- Oct 13, 2007
- Messages
- 852
Not necessarily; it depend upon how a state's laws are written. Not having a license ≠ unlicensed.No permit on person, whilst carrying = No permit!
If you are licensed to drive a car but due to forgetting your license do not have it in your possession during a traffic stop are you an unlicensed driver, or merely a driver without a license? Most states (no citation) likely admit the possibility that a licensed driver may not have his license on him at all times.
In the instant case, unless the law compels her to produce a license upon the request of an officer, it's up to the state to prove that she doesn't have a license and not up to her to prove that she does. Not producing a license when not required to by law isn't doesn't make it a reasonable assumption (RAS) that one is unlicensed.