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What are your laws regarding catching drivers without a DL?

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  • What are your laws regarding catching drivers without a DL?

    If I catch someone with a suspended license, I can arrest them and charge them for DUS.

    If I catch someone driving who has never had a license before, I can.... give them a $20 dollar citation and make them call someone to come pick them up.

    I'm just kind of curious, do most states have ridiculous laws like this that discourage people from obtaining a drivers license, or is ND a freak anomaly? I've discussed this with the Sheriff and our states attorney on a couple occasions, and none of us can think of a big downside to never obtaining a drivers license.

  • #2
    Originally posted by cidien View Post
    If I catch someone with a suspended license, I can arrest them and charge them for DUS.

    If I catch someone driving who has never had a license before, I can.... give them a $20 dollar citation and make them call someone to come pick them up.

    I'm just kind of curious, do most states have ridiculous laws like this that discourage people from obtaining a drivers license, or is ND a freak anomaly? I've discussed this with the Sheriff and our states attorney on a couple occasions, and none of us can think of a big downside to never obtaining a drivers license.
    About the same here in CO except we call it a DUR and there are points assessed for driving without a DL (never issued).

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    • #3
      Here in Louisiana, a No DL is an arrestable offense. It depends on the fine, if I run it through our court it's a $180. fine, if I run it in District Court, IIRC, it's a $250. fine.

      Depends on how I or my Officers feel on whether we arrest....also the attitude of the violator.

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      • #4
        I'm in Colorado too but our jail won't accept anything unless its a felony or DV pretty much. DUR tickets are just that, a ticket and a promise to appear in court. There was another thread about this around somewhere but I'll state the same thing here; Approximately 40%-50% of my traffic stops result in some sort of DUR (suspended, revoked, canceled) and the jail just does not have that kind of space for us to arrest them all. Now, if they are Revoked as a Habitual Offender that is a different story.

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        • #5
          Unlicensed: Citation issued if we are satisfied as to the driver's identity; book him if we can't positively ID. If there is no licensed driver in the car, we can have the car towed for storage.

          When it goes to court, the driver will usually be given a several-month continuance to get a DL. If he comes back with a valid DL, it's dismissed. That's fine with me - the goal is to get them licensed.

          Suspended: Citation vs. booking, same as for unlicensed. If it's the defendant's car, 30 day impound, otherwise tow for storage.

          In court, it depends on what the suspension is for and if there are priors. If the suspension is for failures to appear or for unpaid fines and there are no priors, the defendant gets a continuance to get it straightened out and come back with a valid DL. Return with everything in order and no new charges incurred in the interim and they reduce to driving unlicensed with about a $150 fine. If it is suspended for other reasons or the driver has priors, then it's usually some jail time that is generally served on work release (cleanup crews, etc.).
          Government is not the solution to our problem; government is the problem. - Ronald Reagan

          I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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          • #6
            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.
            " The Beatings will continue until Morale Improves "

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            • #7
              I don't arrest most of the time myself, it's simply an option that's nice to have. I should also point out that our measly $20 citation is just a fine. As long as they pay it they don't have to go to court. Interesting to hear how different areas handle this though.

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              • #8
                Driving without a license is a $250 civil infraction in Washington State if the violator has some form of valid identification. If the violator shows up in court with a valid license, the penalty is dropped to $50.
                Without ID, it's an arrestable misdemeanor.

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                • #9
                  Iowa

                  2 Types of Suspension.........One is a citation the other is jail time.

                  Never had a DL is a citation

                  Expired DL is a citation


                  DL Barred---------it's jail


                  ALL traffic citations in Iowa are criminal offense and the officer CAN arrest .

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                  • #10
                    Every traffic offense in Texas except speeding and open container can result in you being arrested. Pretty good incentive there. $24 for a 6 year license or $250-$500 citation, spending the night in jail, and a tow bill on your car.
                    sigpic
                    Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

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                    • #11
                      In Texas we have no driver's license and then driving while license invalid, which can be a class C or class B misd depending on priors. We can arrest for any of those. I honestly feel like people who drive with no DL or suspended DL should get a trip to jail, or at the least, their vehicle impounded. Unfortunately I don't have the time or resources to do that for everyone I run across.
                      Last edited by Se7en; 11-26-2011, 12:15 AM.

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                      • #12
                        Originally posted by Se7en View Post
                        In Texas we have no driver's license and then driving while license invalid, which can be a class C or class B misd depending on priors. We can arrest for any of those. I honestly feel like people who drive with no DL or suspended DL should get a trip to jail, or at the least, their vehicle stolen. Unfortunately I don't have the time or resources to do that for everyone I run across.
                        Come out to the country, my brother...
                        sigpic
                        Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

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                        • #13
                          If I stop a car with a driver that has never obtained a license, the car is towed and he/she is issued a $175 fine. I have a few mobile systems in my unit that will allow me to verify who you are before writing the ticket. If they are driving under suspension then it's pretty much the same thing. It's arrestable but most of us won't unless we have run across you to many times. These are also MANDATORY court appearances you can't pay ahead of time, better be prepared to pay on your court date though. Also, there is no such thing here as dismissed tickets when you correct the situation or "fix it tickets", the violation was already committed if you correct the problem you are just doing yourself the favor of not getting anymore tickets and losing money.ee

                          If they're license is suspended for DWI then they are arrested and booked. It carries a mandatory penalty of a minimum 15 days in jail up to 6mo. Most of the time the judge will give them the minimum by law, 15 days, then go up everytime after that they are caught.
                          Last edited by creolecop; 11-25-2011, 09:25 PM.
                          Ignored: Towncop, Pulicords, TacoMac, Ten08

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                          • #14
                            Up here for the:

                            Driver:

                            - No DL: Provincial Statute traffic offence. Non-criminal. "Client" is issued a ticket with a Court date or a Voluntary Penalty fine ($165) that can be paid before the Court date. VP payment = Guilty plea and Court date cancelled;

                            - Suspended DL (Provincial Statute due to non-payment of MANY fines, except the above): released for Court without a VP. FTA Court - see above. Guilty plea = fine of $100 to $1000;

                            - Suspended DL (Provincial Statute, due to temporary suspension, for various periods dependent on driving experience and whether or not criminal charges laid by Police, by Police for driving after consumption of alcohol): See above Suspended DL. Guilty plea = fine of $250 to $1000;

                            - Suspended DL (Provincial Statute, due to order by the DL issuing authority): See above Suspended DL. Guilty plea = fine of $500 to $1000;

                            - Prohibited Driver (Criminal offence): Arrest and release without being held or cash bail paid. Guilty plea = fine of up to $2000 and / or jail, dependent on circumstances;

                            - Fail to pay VP (re No DL) and Fail To Appear in Court = Warrant issued for your arrest (non-criminal) and you are charged FTA Court (non-criminal);

                            - FTA Court (for Suspended DL as above): If found by Police, you are arrested but almost immediately released for a new Court date for the original charge plus the FTA charge. FTA Court after that results in another Warrant (non-criminal) and a further FTA charge. Being found again will result in your being arrested and again almost immediately released for a new Court date on the 3 charges, but you MIGHT have to pay a cash bail. FTA Court again would result in another Warrant for your arrest (non-criminal) and another FTA charge - either non-criminal, or criminal. Being found would result in your arrest, but probably release on cash bail paid. IF you finally show up, you would face a fine on ALL charges, MAYBE with bail applied to the fine OR fine in addition to the bail money being retained by the court. FTA fine = $0 to $1000;

                            - FTA Court (for Prohibited Driving above): fine ($0 to $1000) and / or jail;


                            Vehicle:

                            - for No DL, Suspended DL or Prohibited Driving (if no specific order by the DL issuing authority): Police discretion whether use Provincial Statute (non-criminal) authority to seize the vehicle, have it towed & impounded. Action is reported to the impound review board. The driver and / or owner may appeal to the board; no cost to appeal. The board has the final say on the length of impound;

                            - if a specific order (depends on how bad the driver's driving record is): see above, but impound is for 30 to 60 days (again, depends on the driver's driving record). The DL issuing authority, which is also the vehicle registration / licencing / basic-insurance authority, is the review board. Appeal costs $100. Lose the appeal = lose the $100. Win the appeal = $50 rebate + issuance of a impound release authorization;

                            - Tow and impound costs (for either situation above): MUST be paid to the tow company by the owner, driver or other interested party. Failure to pay = tow company advertises the vehicle for sale, applies the proceeds to their costs, the licence plate(s) is (are) returned to the issuing authority and any remaining monies are to be returned to the (former) owner.

                            I did a lot of specific order impounds in my last 12 years, and discretionary impounds in my final 3 years. My Unit was complimented upon by the appeal board as a leader on how to do these discretionary impounds, and our Commander was VERY pleased by this designation!
                            #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                            Proud Dad of #54266 - RCMP - 2007-02-12 to date
                            RCMP Veterans Association - Regina Division member
                            Mounted Police Professional Association of Canada - Associate (Retired) member
                            "Smile" - no!

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                            • #15
                              Originally posted by TexasAggieOfc View Post
                              Come out to the country, my brother...
                              Hah! Sometimes I miss working for a small town where I was able to be more proactive.

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