Arizona ARS 28-1595 Interpretation

In State v. Boudette, 164 Ariz. 180, 791 P.2d 1063 (App. 1990), the Court addressed whether similar language in subsection (B) of the predecessor statute provided sufficient notice as to what type of identification was required of the driver of a motor vehicle under the statute. Id. at 182, 791 P.2d at 1065. Subsection (B) of the predecessor statute to 28-1595 provided: The operator of a motor vehicle who, after stopping as required by subsection a of this section, fails or refuses to exhibit his operator's or chauffeur's license as required by 28-423 or an operator who is not licensed and who fails or refuses to provide evidence of his identity upon request is guilty of a class 2 misdemeanor. A.R.S. 28-1075(B) (1994) (current version at A.R.S. 28-1595(B) (1998)); see also Boudette, 164 Ariz. at 182, 791 P.2d at 1065. In Boudette, this section was found to give inadequate "notice of what type of identification, other than a driver's license, would suffice to avoid arrest." Boudette, id. at 182, 791 P.2d at 1065. As written, the statute "encouraged arbitrary and discriminatory enforcement;" thus, we determined that the section pertaining to unlicensed drivers was unconstitutionally vague. Id. at 182-83, 791 P.2d at 1065-66. The Arizona Legislature responded by amending the statute in 1995. See 1995 Ariz. Sess. Laws, ch. 286, 8. the amended statute changed subsection (B) relating to drivers to include the following: The evidence of identity that is presented shall contain all of the following information: The driver's full name. The driver's date of birth. The driver's residence address. A brief physical description of the driver, including the driver's sex, weight, height and eye and hair color. The driver's signature. A.R.S. 28-1595(B). The Court examined the legislative revision of 28-1595(B). In re Moises L., 199 Ariz. 432, 18 P.3d 1231 (App. 2001). In Moises L., the Court found the revised statute was not void because it was "sufficiently definite to provide notice to Arizona drivers that they must carry evidence of identity in a form comparable in content and reliability to a driver's license." Id. at 434, 18 P.3d at 1233.