In your example, you state "where the person's license had expired" -- well that is covered by § 1185 where it states:
"(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document is CURRENT ... [emphasis added]."
If the license has expired, then it is no longer current. Therefore, if they do NOT possess a current license and it would be "very difficult or impossible for that person to obtain another form of identification" within the time frame necessary to complete the notarization, then credible witnesses would be the way to go. It is open to interpretation because the factor of "time" is not mentioned in the statute. It does not state that it is very difficult or impossible EVER nor does it say very difficult RIGHT NOW. So if the signing is taking place at 8pm on a Saturday night and the signer has an expired license, then I would say using credible witnesses would fall within the purview of the statute.
JMHO. :-) |
