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Out of state suspended driver's license.

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  • Out of state suspended driver's license.

    When you guys run across an out of state suspended driver's license, is this a class C or class B offense?

  • #2
    Well I can tell you in Illinois driving on a suspended is a class A misdemeanor. Let's say I pull over a subject that lives in Wisconsin and his license is suspended out of his state. I treat that license as not valid so I would charge him with a class B, which is driving without a valid DL.

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    • #3
      I treat all out of state suspensions as a Class C No Driver's License violation. As far as I know, we can't enforce another states suspension. At least that is how my Sgt. wants us to handle those situations.

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      • #4
        Originally posted by Bar M View Post
        I treat all out of state suspensions as a Class C No Driver's License violation. As far as I know, we can't enforce another states suspension. At least that is how my Sgt. wants us to handle those situations.
        I'm thinking this.

        I'm thinking the only way you could do a class B DWLI would be if their out of state license was suspended by Texas. If it was suspended by another state then you could only go for the class C no driver's license. I haven't run across it yet so I'm not sure how you would go about proving that their license was suspended by Texas unless their license return specifies that.

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        • #5
          Driving while License Invalid under section 521.457 states that in order for it to be a violation there must be a suspension or revoked for some law under this state (TX). To get the class B, they need a prior DWLI conviction or previously suspended for a conviction of intoxication, or at the time they have no insurance. Class A you need them to have no insurance (601.191) and cause a wreck with SBI or Death.

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          • #6
            Class C No DL and no insurance. Hook 'em up.

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            • #7
              Thanks for the answers guys... so I'll just treat out of state suspensions as No DL's.

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              • #8
                Originally posted by Se7en View Post
                Thanks for the answers guys... so I'll just treat out of state suspensions as No DL's.
                +1

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                • #9
                  So far as I know, a conviction in another state will suffice for the Class B in Texas. I.E., if a subject has a conviction for DWLI in Oklahoma, we can use it against them here.

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                  • #10
                    I have to say, I learned of this from a Texas trooper several years ago (not being able to enforce an out of state suspension) and that just doesn't make sense to me. I know that's Texas law, but since all but 6 states are compact states, why not be able to enforce it (other than a no D/L charge)? The way we handle them in Kansas is write them for driving while suspended, the court requests the issuing state's driving record and they charge it that way. As long as they have a certified copy by the court date, it's fine.

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                    • #11
                      Originally posted by NBW791 View Post
                      I have to say, I learned of this from a Texas trooper several years ago (not being able to enforce an out of state suspension) and that just doesn't make sense to me. I know that's Texas law, but since all but 6 states are compact states, why not be able to enforce it (other than a no D/L charge)? The way we handle them in Kansas is write them for driving while suspended, the court requests the issuing state's driving record and they charge it that way. As long as they have a certified copy by the court date, it's fine.
                      Yeah... I came from a state nearby and we just charged them with suspended D/L as well.

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