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  • suspended drivers license x 4

    I was in an accident a week ago
    .the guy who hit my car was driving gf s vehicle.. come to find out this guy was driving with a suspended drivers license..after police officer told me that.. I checked this guy out... low and behold he has had traffic issues since he was born... my question is this is 4th x
    Caught driving with suspended license what happens each time you get caught with suspended license?

  • #2
    Originally posted by deee View Post
    I was in an accident a week ago
    .the guy who hit my car was driving gf s vehicle.. come to find out this guy was driving with a suspended drivers license..after police officer told me that.. I checked this guy out... low and behold he has had traffic issues since he was born... my question is this is 4th x
    Caught driving with suspended license what happens each time you get caught with suspended license?
    you get fined
    Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

    My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

    Comment


    • #3
      42-2-138 - Driving under restraint - penalty.
      (1) (a) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this
      state with knowledge that such person's license or privilege to drive, either as a resident or a
      nonresident, is under restraint for any reason other than conviction of an alcohol-related driving
      offense pursuant to section 42-4-1301 (1) or (2) is guilty of a misdemeanor and, upon conviction
      thereof, shall be punished by imprisonment in the county jail for not less than five days nor more
      than six months, and, in the discretion of the court, a fine of not less than fifty dollars nor more
      than five hundred dollars may be imposed. The minimum sentence imposed by this paragraph (a)
      shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or
      in part, or reduce or suspend the fine under this paragraph (a); but, in a case where the
      defendant is convicted although the defendant established that he or she had to drive the motor
      vehicle in violation of this paragraph (a) because of an emergency, the mandatory jail sentence or
      the fine, if any, shall not apply, and the court may impose a sentence of imprisonment in the
      county jail for a period of not more than six months and a fine of not more than five hundred
      dollars. Such minimum sentence need not be five consecutive days but may be served during
      any thirty-day period.
      (b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five
      years after the first conviction thereunder, in addition to the penalty prescribed in said paragraph
      (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall
      not be eligible to be issued a driver's or minor driver's license or extended any driving privilege in
      this state for a period of three years after such second or subsequent conviction.
      (c) This subsection (1) shall apply only to violations committed on or after July 1, 1974.
      (d) (I) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this
      state with knowledge that such person's license or privilege to drive, either as a resident or
      nonresident, is restrained under section 42-2-126 (2) (a) or is restrained solely or partially
      because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2) is guilty of a
      misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail
      for not less than thirty days nor more than one year and, in the discretion of the court, by a fine of
      not less than five hundred dollars nor more than one thousand dollars. Upon a second or
      subsequent conviction, such person shall be punished by imprisonment in the county jail for not
      less than ninety days nor more than two years and, in the discretion of the court, by a fine of not
      less than five hundred dollars nor more than three thousand dollars. The minimum county jail
      sentence imposed by this subparagraph (I) shall be mandatory, and the court shall not grant
      probation or a suspended sentence thereof; but, in a case where the defendant is convicted
      although the defendant established that he or she had to drive the motor vehicle in violation of
      this subparagraph (I) because of an emergency, the mandatory jail sentence, if any, shall not
      apply, and, for a first conviction, the court may impose a sentence of imprisonment in the county
      jail for a period of not more than one year and, in the discretion of the court, a fine of not more
      than one thousand dollars, and, for a second or subsequent conviction, the court may impose a
      sentence of imprisonment in the county jail for a period of not more than two years and, in the
      discretion of the court, a fine of not more than three thousand dollars.
      Driving under restraint is pretty serious in Colorado. especially if it was restrained due to a DWAI/ DUI. Chronic violations can even result in being designated a Habitual Traffic Offender, HTO, which can then rise to felony levels:

      CRS 42-2-206 - Driving After Revocation Prohibited

      (1)(a)(I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect. Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 1 misdemeanor.

      (II) Notwithstanding the provisions of section 18-1.3-501, C.R.S., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both.

      The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501 , C.R.S.

      The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation.

      Upon the defendant’s successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).

      (b)(I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and,

      …. as a part of the same criminal episode, also commits any of the following offenses:

      (A) DUI or DUI per se;

      (B) DWAI;

      (C) Reckless driving, as described in section 42-4-1401 ;

      (D) Eluding or attempting to elude a police officer, as described in section 42-4-1413 ;

      (E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606 ; or

      (F) Vehicular eluding, as described in section 18-9-116.5 , C.R.S.

      (II) Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section 18-1.3-401 , C.R.S.

      (III) If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b):

      (A) The court shall convict and sentence the offender for each offense separately;

      (B) The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in section 42-4-1307 ;

      (C) The provisions of section 18-1-408, C.R.S, shall not apply to the sentences imposed for either conviction;

      (D) Any probation imposed for a conviction under this section may run concurrently with any probation required by section 42-4-1307 ; and

      (E) The department shall reflect both convictions on the defendant’s driving record.

      (2) For the purpose of enforcing this section in any case in which the accused is charged with driving a motor vehicle while such person’s license, permit, or privilege to drive is revoked or is charged with driving without a license, the court, before hearing such charges, shall require the district attorney to determine whether such person has been determined to be an habitual offender and by reason of such determination is barred from operating a motor vehicle on the highways of this state. If the district attorney determines that the accused has been so held, the district attorney shall cause the appropriate criminal charges to be lodged against the accused.
      Last edited by tanksoldier; 09-18-2014, 09:33 PM.
      "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

      "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

      Comment


      • #4
        Arrest and fined, possibly be determined a 'habitual violator'. A felony in which he would do some time.
        Judge me by the enemies I have made----Unknown

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        • #5
          Originally posted by Zeitgeist View Post
          A felony in which he would do some time.
          at some point...................................maybe after 5 or 6 arrests



          The REALITY of the matter is driving under suspension is NOT a priority crime. Usually the offender is going to get a fine and told to sin no more (but of course they will)


          Even driving as a habitual violator isn't a real big deal legal wise. With overcrowded prisons EVERYWHERE a non violent non property crime isn't going to put anyone in prison unless that person really ticks off a judge.

          Don't believe it
          http://www.kcci.com/news/arsonist-re...tence/28124926

          An Iowa man who served less than two years of a 30-year sentence is being released, KNIA/KRLS radio reports.





          David Brommel was sentenced to 30 years in prison for setting fire to two Iowa Department of Human Services offices in Indianola and Knoxville.

          KNIA/KRLS reports Brommel has been granted work release after serving 23 months in jail.

          “Our bond is with our constituents, with our community and with our victims and that gets broken when people don't serve the amount of time we believe that the court has sentenced them to," Warren County attorney Doug Eichholz said.

          According to Iowa Corrections officials, Brommel's mandatory minimum sentence expired in March.

          The parole board deemed him as low risk.

          Eichholz disagrees, stating Brommel targeted DHS in an attempt to destroy records pertaining to his drug charge.

          "He didn't like the Department of Human Services being involved in his family," Eichholz said. "He wanted to try to stop ...that's why we believe he burnt the department building down in Warren County."

          Marion County attorney Ed Bull talked to KCCI's Ryan Smith about the release.

          "I was extremely surprised that an individual sentenced to 20 years in prison for burning down two different DHS buildings and convicted of conspiracy to manufacture methamphetamines, was released from prison after serving less than two years.

          "It is clear that decisions by the Board of Parole such as this one serve as opportunity for the public to truly understand the sentencing structure we have in Iowa and to ask their legislators to do something about it, if they disagree. I don't think most Iowans realize that when a judge says 20 years in prison it really means two, and when a person is sentenced to serve 33 percent of a 10-year sentence they are out in 18 months," Bull said.

          Brommel will likely be assigned to a work release facility for about six months followed by parole supervision, KNIA/KRLS reported.
          Last edited by Iowa #1603; 09-19-2014, 08:22 AM.
          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

          Comment


          • #6
            Driving Suspended is a Must Appear Traffic Offense (also arrestable, if I choose.). But along with the citation, they are issued a Must Appear form which gives them 3 days to appear before a Commissioner in Lieu of me taking them to jail.
            The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, cannot and will not ever harm the sheep. Any sheepdog who intentionally harms the lowliest little lamb will be punished and removed.

            I Am the Sheepdog.


            "And maybe just remind the few, if ill of us they speak,
            that we are all that stands between
            the monsters and the weak." - Michael Marks


            sigpic

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            • #7
              Originally posted by jchughes05 View Post
              Driving Suspended is a Must Appear Traffic Offense (also arrestable, if I choose.). But along with the citation, they are issued a Must Appear form which gives them 3 days to appear before a Commissioner in Lieu of me taking them to jail.
              we have 3 classes

              Driving Under suspended.........................no arrest, fine, minor

              Driving while revoked.............................arrest is possible, fine(usually) possibly jail

              Driving while Barred..........................Prison sentence possible (hardly ever happens)

              The DUS is mandatory appearance as is the DWR is also a mandatory appearance if the person is not arrested
              Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

              My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

              Comment


              • #8
                Around here he would be pt on double secret probation, given a stern warning not to do it again (and we mean it!), and given a fine.

                Comment


                • #9
                  Around here, it used to be a fine ($400-700, depending on the reason for suspension) for the first time, about double the fine on the second offense, 10 days picking up trash (counts as jail time on paper) the third time and 30+ days real jail on the fourth. If the suspension is for DUI, they often used to get anywhere from 90 days to six months.

                  These days, thanks to that idiot Jerry Brown in Sacramento, nothing more than a fine that they'll never pay is all that will happen. Gov. Moonbeam has gutted the prison system so that a huge number of criminals who would have been in state prison now serve their time (multi-year sentences) in county jail. That leaves no room for misdemeants.

                  Oh, and if someone drives suspended in a car that is registered to them, the car goes to the impound yard for 30 days. It'll cost them about $1500 in tow and storage fees to get it back, and that only after they pay a $100 release fee to the law enforcement agency and show a valid license.
                  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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                  • #10
                    Here in my part of Texas, citation for first offense. Once the person's been found guilty, subsequent violations go to jail. Then it's up to the magistrate.

                    The plain truth of the matter is that there is no way to keep that person from driving. We can't sit at his driveway and make sure he/she never drives away.
                    Officer Jay McGuire, Minneapolis Park Police EOW 5/14/2009 age 11
                    Among Texas' finest
                    Deputy Andy Taylor, Llano County SO EOW 5/9/2005
                    Senior Deputy Jessica Laura Hollis, Travis County SO EOW 9/18/2014
                    Darren H. Goforth, Harris County SO EOW 8/28/2015

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                    • #11
                      Did you get a concussion in the wreck?

                      Comment


                      • #12
                        DWLI with a prior conviction is a trip to jail (Class B Misdemeanor) with next wrecker in rotation, and every subsequent time I catch them
                        sigpic

                        "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

                        http://www.odmp.org/

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                        • #13
                          Depends on your state and other requirements. I live in Florida, here is our statue. http://www.leg.state.fl.us/statutes/...s/0322.34.html

                          322.34(1) Driving while license suspended without knowledge (fine), 322.34(2) Driving while license suspended with knowledge (fine/criminal). To get the criminal offense you have to prove they have knowledge, whether it be they admitted to knowing it was suspended, or other means.

                          Often a lot of people I pull over have countless previous suspensions/convictions. One guy I pulled over the other night for not stopping at a stop sign had 13 convictions, but his drivers license was good at the time. I pulled over another guy who had 4 suspensions and was currently suspended, he acknowledge it was suspended and I issued him a criminal traffic citation (alternative to jail), and had his friend with a valid drivers license drive the car.
                          There is no hunting like the hunting of man, and those who have hunted armed men long enough and liked it, never care for anything else thereafter.
                          -Ernest Hemingway

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                          • #14
                            In NY it would be a Aggravated unlicensed operation (AUO, 511-1a) I charge it all the time. Every state and answer you read will probably have differences, possible even by officer.
                            AUO 3rd is usually the first offense driving while suspended. Usually a tow for the car and ticket for the driver.
                            AUO 2nd- 3 different scoffs on 3 different dates. Usually tow. jail and ticket
                            AUO 1st- Felony level. Multiple aspects go into AUO 1st. Always a tow, always ticket, and most always jail.

                            Like I said though, depends on state and agency.

                            Comment


                            • #15
                              In New York, violations of VTL 511.1 are crimes and are not handled in traffic court. These cases are heard in the criminal courts.

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