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  1. #26
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    In Florida :

    No Valid D/L - never had one issued or expired more than 6 months is a second degree misdemeanor. It is generally up to the officer whether to arrest or cite and release on scene. Vehicle may or may not be towed again depending on the officer, call volume etc...

    DWLS (Driving While License Suspended - with knowledge) - is also a misdemeanor and is either a second degree or first degree misdemeanor depending if they have prior convictions for driving with a suspended license. The driver can either be arrested or cited and released as above.

    Once there are 3 convictions on their driving record for driving suspended, they are labeled a "Habitual Traffic Offender" and it is a Felony if they are driving again.

    Most times at court the driver is given an opportunity to obtain a valid license. If they present a valid license at court the criminal case is generally dismissed, unless the suspension was for DUI or they were involved in a crash. (This information would be for South Florida - other parts of the state are MUCH stricter about how they prosecute their cases.)

  2. #27
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    First off, iowa officer can you explain why one suspension gets a citation and the other gets jail? Also if one forgets their license cant it be checked through computers? Thanks for your assistance.

  3. #28
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    Quote Originally Posted by APDSgt View Post
    In Florida : ...Once there are 3 convictions on their driving record for driving suspended, they are labeled a "Habitual Traffic Offender" and it is a Felony if they are driving again...
    That's awesome!

    In Maryland, driving while suspended and driving without a license are misdemeanors that can be arrestable or must appear citations (officer discretion). In deciding, I look at their history, the circumstances (traffic stop vs. accident), how busy it is, and attitude. The vast majority are cite and release and I usually tow the car.

    Driving without a license used to be a payable citation of over $300, but was increased to a must appear/jailable citation a couple years ago. It carries 5 points and up to 60 days jail and/or $500 fine. Increases to 1 year and/or $1000 fine for subsequent offenses.

    Driving while suspended carries 12 points (becoming revoked) and up to 1 year jail and/or $1000 fine. Subsequent offender penalties increase, but are never carried out. Driving while suspended because of FTA/FTP, which is responsible for most suspensions, is only 3 points, 60 days and/or $500 fine.

    There are no mandatory minimums and no matter how many priors, it's a misdemeanor. It usually takes 2-3+ convictions before any jail time is seen and even then, it's usually only a weekend or two. Sigh.

  4. #29
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    Kansas:

    Driving without a license is a traffic ticket with mandatory court appearance and we either tow the car or get a friend to pick it up.

    Driving while suspended is an NTA with court date. technically an arrest and misdemeanor but we never take them to jail unless they give us a reason to make us think they wont show up in court

    Driving while revoked we take to jail.

  5. #30
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    No license issued= Citation and tow
    Suspended License= Citation and tow
    Revoked License=Citation and tow
    Revoked License due to OWI= Jail

    That's pretty much Wisconsin law. Catch and Release, like musky fishing.

  6. #31
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    I'm in CO. Driving without a valid driver's license is a class 2 misdemeanor traffic offense. My agency arrests for it if the person's identity cannot be confirmed. Otherwise it's a $35 mail-in fine (vehicles not impounded).

    Suspended/cancelled/revoked = arrest for my agency.

  7. #32
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    Washington DC: (No License/Suspended/Revoked) is an arrest.

  8. #33
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    Quote Originally Posted by NJLAWMAN214 View Post
    Unlicensed and Suspended are traffic tickets only. We cannot arrest for almost all motor vehicle violations in NJ. Both are mandatory court appearances and can include jail time after repeated offenses, though rarely do you see this happen. The fines also go up with each offense. All in All, it is a joke, so don't feel bad brother.
    ^^^^ What NJLawman said regarding NJ... for NY (NYC) suspended license is an arrestable offense, if the driver is a NY resident then is usually results with a D.A.T, if its an out of state resident they don't qualify for a DAT and are processed online (OLBS)

    as far as a person who never had a license... they get a summons for aggravated unlicensed driver and the car is impounded.

  9. #34
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    We can arrest and tow but our chief isn't a fan of that. 1st degree misd. citation and a "hey don't do that again" lecture.
    "Naw officer, I was hanging with my cousin"

    "Sooo, real cousin or play cousins ?"

    Quote Originally Posted by JasperST View Post
    I'm thinking a battalion of menstruating bearded women could kick some serious booty!

  10. #35
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    Driving without a license in MD is an arrestable offense. Typically most officers don't arrest for it, but it depends on the department and the circumstances. It is a must appear offense in court, not a payable citation.

  11. #36
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    Indiana:

    Driving While Suspended (first offense): Citation only
    Driving While Suspended (prior conviction in 10 years): "A" Misdemeanor, subject to arrest or summons.
    Operating While Never Having Received Valid License: "C" Misdemeanor, subject to arrest or summons.

    Also note that you can be suspended without ever having had a license. Suspended on an ID card only or the like.

  12. #37
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    Where those of you that HAVE the authority to tow, I am always amazed that you do NOT do so. Up here, the direction from the Province and my Force was not clear-cut for YEARS, but about 4 - 5 years ago they BOTH made it clear that they WANTED us to tow vehicles with a set of clear procedures.

    Once I got accustomed to it, I was VERY HAPPY to have this extra "tool" in my "toolbox", with the ONLY consideration being availability of a tow truck. There were (I think STILL are) two Agencies that we had to send reports to, and we became experts at dealing with them. The tow companies were really happy with us too!
    1975-10-27 / 2010-12-29: RCMP RM 32936. Just callin' 'em as I sees 'em! PM full - e-mail me. House paid, best health of my life, 33+ years married to the same hot woman, triple-dipping, lots of grand-kids, long dark luxurious hair - yep, retired is EXCELLENT!

  13. #38
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    The charge is Driving without a license. Normally you take the driver to jail and have the car towed where the 'owner' can pick it up later. We can release the car to to the registered owner without towing it if they happen to be around. IMO the safest, easiest, and most 'drama free' option for the charging officer is to have it towed.
    Last edited by DeputySC; 01-28-2012 at 05:10 PM.

  14. #39
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    Quote Originally Posted by PAPD 8-2 View Post
    ^^^^ What NJLawman said regarding NJ... for NY (NYC) suspended license is an arrestable offense, if the driver is a NY resident then is usually results with a D.A.T, if its an out of state resident they don't qualify for a DAT and are processed online (OLBS)

    as far as a person who never had a license... they get a summons for aggravated unlicensed driver and the car is impounded.
    A person who never had a license or presents an expired license is given a summons for VTL 509-1 (Unlicensed Operator) which is a violation. Aggravated Unlicensed Operator (VTL 511) is when your driving privilege in the state of New York (regardless if you have a license or not) is either suspended or revoked due to suspensions from summonses (failure to answer/pay) or administrative suspensions (child support, DMV driver assessment fee, etc) or following an arrest for anything in section 1192 (DWI/DWAI) of the VTL.

  15. #40
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    Quote Originally Posted by EnWhyPeeDee View Post
    A person who never had a license or presents an expired license is given a summons for VTL 509-1 (Unlicensed Operator) which is a violation. Aggravated Unlicensed Operator (VTL 511) is when your driving privilege in the state of New York (regardless if you have a license or not) is either suspended or revoked due to suspensions from summonses (failure to answer/pay) or administrative suspensions (child support, DMV driver assessment fee, etc) or following an arrest for anything in section 1192 (DWI/DWAI) of the VTL.
    Thanks.

  16. #41
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    No license out of any jurisdiction here in AZ results in a civil traffic citation and the vehicle being impounded for 30 days.

    Suspended/revoked/cancelled license is a criminal traffic citation (arrestable) and the vehicle being impounded for 30 days.

  17. #42
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    We can hook or cite for unlicensed, suspended, revoked, cancelled, etc... We are supposed to cite unless they meet one of the 8 exceptions...but we are also "supposed" to cite all misdemeanors like assault on LEO, resisting, etc... but that is not going to happen. Our judicial commissioners are pretty good about signing the warrant if they need to go to jail. The fact of citation/arrest is non-dispositive anyway so it doesn't really matter in the long run.

  18. #43
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    Here unlicensed, suspended, or revoked means arrest, summons to appear, a simple citation, or my personal favorite: "operator-requested tow", and move on to the next call.

    Life's all about options, friends

  19. #44
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    No License= JAIL
    Susp FTA= JAIL
    Susp for some other reason= Citation
    "You wish to know the traditions of the Navy, Sir? They are rum, sodomy, and the lash.” Winston Churchill

    "Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    --Thomas Jefferson

  20. #45
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    another thing in florida....

    no valid license ( on file ) via computer check is usually a big LIE,

    they take the trip to jail, finger printed & within30 min to 1 hour depending on the day, they are identified, but even better yet, at the booking desk , sally port,
    or sub station , we use the index finger for instant i.d., but that is now tied into
    the booking system, use to be great while yr doingthe paper work , the deputy's
    at the booking desk would give ya a instant rap sheet....before yr starting yr p.c
    ( 923.01 ), it's a $25 bond to get outta jail if in fact no record is found,
    $100 for suspended license, or after prints and photo's and no warrants,
    their is a chance for release on a summons , ( notice to appear ) , if yr
    history does not involve any no show's for court, 20 yrs ago, i would get a rap sheet partail with a print class, and check a few fingers, sumtimes i found a guy using his brother name witha totally different print class.
    " if you talk in your sleep, don't mention my name....
    " if you walk in your sleep, forget where you came....

  21. #46
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    Quote Originally Posted by flash40 View Post
    There are no mandatory minimums and no matter how many priors, it's a misdemeanor. It usually takes 2-3+ convictions before any jail time is seen and even then, it's usually only a weekend or two. Sigh.
    I hear ya man....some silly crap. You can add no insurance on the car therefore tags suspended, basically same exact outcome.

  22. #47
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    MD carries with it 60 days and/or $500 fine.


    As stated can arrest or give citation.

  23. #48
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    I like to keep my beds open for criminals, not driving scofflaws. To each his own though.

  24. #49
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    Quote Originally Posted by SinePari View Post
    I like to keep my beds open for criminals, not driving scofflaws. To each his own though.
    I work with some officers with that mindset and it really bothers me. Someone driving without a license or while suspended/revoked IS a criminal and I would argue causes more societal harm than many other types of "criminals."

    They haven't been trough any type of testing or driving instruction, or are so bad at driving that they can't pass. Therefore, they get into accidents that they often then flee from because they are unlicensed and drive uninsured with registration issues. The roads are more dangerous and everyone pays in different ways, particularly in higher insurance premiums because of these fools.


    Quote Originally Posted by Johnny-Boy View Post
    I am pretty sure that the laws would vary in every state. I will have to admit, though, that there have been plenty of times that I've driven without my license. You just forget it sometimes, you know, it happens...That doesn't make one a criminal, necessarily, but most of the time when you are stopped, it is because you did something that made you suspicious in the first place.
    This thread is about drivers who have no license...not those that simply don't have their license with them. You may have forgotten your physical license (minor, fine-only citation), but you still HAVE one.

  25. #50
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    Quote Originally Posted by tuleyz View Post
    Kansas:

    Driving without a license is a traffic ticket with mandatory court appearance and we either tow the car or get a friend to pick it up.

    Driving while suspended is an NTA with court date. technically an arrest and misdemeanor but we never take them to jail unless they give us a reason to make us think they wont show up in court

    Driving while revoked we take to jail.
    That's not Kansas, that's just your agency. Were I work we arrest on Driving while suspended unless it is for insurance reasons (KDOR has had a history of suspending people who shouldn't have been suspended when it comes to insurance stuff) unless they have a conviction for DWS during the current insurance suspension period.

    Driving without a license. For some reason we only ticket and release/arrange a ride. Not sure why this is our practice, but it is. The only time we'll arrest is just when we can't verify who it is. In that case we'll arrest so we can finger print and photo during book-in.

    Restriction violations we just ticket and release/arrange a ride, even ignition interlock violations. The ignition interlock is another I don't know why, but it's what we've been told to do.

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