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Name: People v. McKay
Case #: B137511
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/11/2000
Subsequent History: Review granted 11/15/00 (S091421)

Vehicle Code section 40302 gives an officer discretion as to what s/he accepts as “other satisfactory evidence of identity” where the driver of a vehicle does not have a driver’s license. Here, where the driver provided his name and date of birth only, the officer did not abuse his discretion in finding this evidence unsatisfactory and in placing appellant under arrest. Following People v. Monroe (1993) 12 Cal.App.4th 1174, and rejecting the Monroe dissent, the court held that the statute does not require the officer to solicit verifiable oral identification and vests the officer with the discretion to refuse to accept an oral statement alone. Presiding Justice Vogel dissented, finding the officer has a minimal duty to inquire if the person detained can provide other information of identity to avoid an arrest.