Driver License is not present with him/her but its on their Phone

Everybody putting everything on their smartphone these days…isn’t always smart. Not 100% sure, but saw something somewhere to the effect that, in order for Law Enforcement to accept a picture of DL on a cell phone, it has to be authorized by the state or it’s a no-go. (Probably for the same reason: a photo on a cell doesn’t necessarily mean it wasn’t pulled for a DUI). To answer your question: No acceptable photo ID/NO notarization. If allowed in your state, credible witnesses who are willing to state under oath that they know this person IS this person.may work.

5 Likes

I, personally, would not accept it. Pulled for DUI - was it suspended? If suspended it may not be considered valid ID until reinstated.

5 Likes

The Arizona Mobile ID (mID) app is a voluntary, secure, digitized version of your ADOT MVD-issued driver license or ID card that you can carry in an app on your smartphone. This is only state that allows I think so far.

https://azdot.gov/motor-vehicles/driver-services/mobile-id

Thanks for the input I was not sure what is correct way so i.e. why I am asking pro like you.

1 Like

The information available from the Ohio Secretary of State is pretty vague about what documents you can use to identify a person. My state used to be that vague until a new law went into effect in 2019. Back then, my attitude was the DMV of the various states didn’t spend all that money on microprint, inks that change color when you change the angle of view, etc. just for fun. They spend money on it in the hope the person checking a person’s ID would look at all those features to make sure the license was genuine. You can’t do that on an unofficial image from an iPhone.

I know there is/are one, or a few, states that have official licenses that you can put on a smart phone. When those states provide training to out-of-state notaries, including a certificate of completion with a stated number of training hours on it, AND WHEN the Vermont Office of Professional Regulation creates rules giving me continuing education credit for taking those courses, I might think about looking at ID on a smart phone.

Even then, if the training doesn’t convince me, I’m not using smartphones for ID.

3 Likes

Well, I’ll be - after reading the responses here I checked further - Florida is looking into it and has launched a pilot program to study and develop it. From this link it doesn’t appear to be available as yet but it’s probably coming.

http://www.flhsmv.gov/floridasmartid/#:~:text=As%20part%20of%20that%20sustained,your%20smart%20device%20when%20launched.

7/7/2022 UPDATE for Florida notaries - I wrote to state and posted their response in “Law Related” Category

2 Likes

(Ok) For gnw work I’ve accepted a photo of the valid drivers license from their phone and a credible witness (Her Lawyer).

1 Like

So it’s No Notary with copy of drive license on phone photos
-car title transfer,
-Power of attorney for car,
-refinance loans

WA State Law information
https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.050

1 Like

No physical ID, no can do.

3 Likes

@abbottirene may want to double check - this was posted in 2014

North Carolina to Pilot Secure Electronic ID.

2 Likes

performing this notarization wasn’t regulation. You are letting customers pressure you to notarize. You should have called the notary hotline for advice (NNA).

1 Like

I disagree with calling any service from NNA "the notary hotline’’ [emphasis added]. NNA is nobody special and has no official standing.

About “wasn’t regulation”. As alluded to above, Ohio regulations are vague; who is to say what is or isn’t regulation?

3 Likes

Are you in Oklahoma? Because I sure can use a credible witnesses. Also, the NNA is not a reliable source.

Question: For RON, do you accept creditable witness if you don’t know both the signer and the witness personally?

No , I wouldn’t for RON.

3 Likes

Good girl! Correct answer! :grin::grin::grin::grin:

1 Like

I know you know a lot about RON so I’m sure you know they have to take a picture of the drivers license in order to get into the session. Along with passing the KBA. Along with holding up their driver’s license in order for us to compare them.

3 Likes

Yep, to comply with federal law don’t forget to get their consent to be recorded on audio and video and it’s entirety. If they forgot to say “yes” or “I consent” in the recording, you’re in trouble! I know in my state, I have to ask them to state their name, their location and what they are signing, all on recording. And check to make sure they have the mental capacity to understand what they are signing, and make sure to look for signs of anyone hiding in the room coercing the signer to sign, etc. you know what I mean.

Also, this is important if you have two signers sitting next to each other and on the same computer make sure they don’t sign or click on the mouse for each other! Each signer must grab the mouse and click on their own signature.

2 Likes

Yes, I also have to ask those questions.