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  • Driving under suspension.

    What do you do if you discover someone is driving under suspension? Arrest or citation?

  • #2
    I usually just write citations. If attitude is bad, have multiple suspensions, or have suspensions for child support I arrest.
    "You didn't think we give pretty women tickets? You're right, we don't."

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    • #3
      Originally posted by mattph4716
      I usually just write citations. If attitude is bad, have multiple suspensions, or have suspensions for child support I arrest.
      Same here, except that I give the guy that is suspended only for the child support the break.

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      • #4
        May not be totally up to me. If they meet our statute as far as issuance of a misdemeanor citation, then that's what I'll do. There are certain criteria listed and if the offender has one of them, then I take him to jail (record of fail to appear, no proof of identification, warrants, danger to himself/others, etc).
        I'm 10-8 like a shark in a sea of crime..

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        • #5
          Normally it will just be the criminal citations. However, depending on the amount of times he is suspended, what it is for, if he is habitual, and attitude will determine if a trip to the jail is required.
          In law enforcement, the customer is ALWAYS wrong.

          In God we trust. Everyone else is run through NCIC.

          Sometimes there is justice. Sometimes there is just us.

          I'd rather be tried by 12 then carried by 6.


          The opinions given in my posts do not necessarily reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only.

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          • #6
            Depends....you can cite or you can arrest. The dispatcher notifies you of the effective date and "service". Some are unaware their license has been suspended by DMV for whatever reason. He/she is technically unable to drive the car away. The liability of them getting into a wreck after the stop is enormous. I can hear it now..."Officer you stopped so and so, who had a suspended license AND you let them drive away?"
            This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

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            • #7
              Here it depends on the type of suspension. Some are civil violations (only can get a traffic ticket) and some are criminal. We arrest all criminal DLS violations.

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              • #8
                Originally posted by Vtfuzz
                Here it depends on the type of suspension. Some are civil violations (only can get a traffic ticket) and some are criminal. We arrest all criminal DLS violations.
                Same here. Under some circumstances, a criminal DWLS can be a felony.

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                • #9
                  We have standing orders to arrest rather than just cite. Our municipal court judge is a *****cat and tends to give court costs only for DUS (even when the law mandates jail time), so we have alot of repeat offenders. So, we figured we'd at least give them one night in jail to show em we aren't playing around.
                  "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
                  -Friedrich Nietzsche

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                  • #10
                    Driving While Suspended


                    This situation can be handled differently, depending upon whether or not the suspension is "with notice" -- and whether or not it is a second/subsequent offense. There are sometimes cases where people have their driving privileges suspended and they might not be aware of it.

                    If we stopped someone who was suspended and there was not proof of them receiving notice from DMV (mail changes, moved away, etc., etc.), we had a form that we had them sign right there on the spot and it was entered into the computer at the end of the shift. That way, they knew that it was a more serious matter if they got pulled over the next day - since they had 'received notice' from law enforcement that their license was no longer valid. Oh, and they walked away from the car without their license in their possession. No excuse after that to say they were unaware of the problem.


                    It is surprising how many people have lost driving privileges because of non-payment of spousal/child support. Some never even had a traffic violation on their record! I saw a guy like that get jail time for driving while suspended twice within a couple months. A fellow deputy of mine had ticketed him once and I ticketed him the second time (after he had been entered in the system and had been served notice). Weird thing is that he was stopped both times for equipment violations and got into trouble when his DL was run through DMV & VCIN. I remember it well since I had to go back to court to testify after I left the sheriff's office. He cost me a day's pay at my new job because I had to take a day off.



                    NOTE: Opinion given by me personally - as a former LEO - and someone who is still very much pro-police and strongly believes in law & order!
                    Last edited by VA Dutch; 07-22-2006, 04:41 PM. Reason: Omission

                    The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                    The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                    ------------------------------------------------

                    "Ignorance on fire is hotter than knowledge on ice."

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                    • #11
                      Driving without a license or on a suspended license is a misdemeanor cite and release in the field for us. The best thing though is the car is impounded for 30 days. Impound fees are in excess of $1000 even before they go to court for the ticket.

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                      • #12
                        In this Province, there can be 4 different levels of Driving While Suspended / Prohibited / Disqualified:
                        1/ for failing to pay:
                        - the initial voluntary penalty (VP), then failing to attend (FTA) Court, (which causes them to be convicted by default and assessed the original VP), and/or subsequently failing to pay the late payment fee for Provincial statute traffic offences;
                        - - the "client's" original Summary Offence Ticket (SOT) warns them of this, and then they s/he is notified by letter by the licence issuer at the beginning of their next birth month of the outstanding amounts which must be paid by the end of their birth month;
                        - child maintenance payments;
                        - money owed the licence issuer (bad cheque payment for licence or registration, outstanding financial judgement from a collision)
                        and for all of the above, the issuer revokes their licence INDEFINITELY until the total owing the issuer is paid, or the "client" pays back maintenance arrears and begins regular maintenance payments.

                        Enforcement steps: this is a Provincial statute traffic offence, for which the "client" can be arrested, but they are generally released with an SOT, for which there is no VP and a mandatory Court appearance, with a minimum $100 fine. The vehicle can be impounded until a legally licenced driver takes control, but the original "client" or subsequent driver MUST pay the tow and storage costs first;

                        2/ driving while under temporary suspension by the Police, either due to:
                        - having exceeded a certain blood-alcohol-concentration (BAC) as determined by:
                        - - the LEO/PO conducting an Approved Screening Device test (ASD or, in USA terms, Preliminary Breath Test);
                        - - the LEO/PO conducting an Approved Instrument (AI - Breathalyzer, Intoxilyzer, Datamaster) test
                        - observations of the LEO/PO
                        for various lengths of time, dependent on type of licence and/or pending charges:
                        - - zero BAC for Learners, drivers with less than 1.5 years of experience, or drivers that had previously been convicted for Criminal Code (CC) driving offences and had their licences re-instated after attending re-education / addictions screening but their original suspension has been held pending seeing if they will change their ways, resulting in a MINIMUM 30 day suspension, which the issuer can extend to INDEFINITE if they fail to re-take re-education or addictions screening;
                        - - BAC > 40 mg% for experienced drivers, if not facing CC charges, with a 24 hour suspension, that the issuer can extend to INDEFINITE;
                        - - BAC > 80 mg%, and facing CC charges, with an initial 24 hour suspension, followed by a 7 day driving permit, followed by a 90 day administrative suspension, which, again, can be extended by the issuer INDEFINITELY)

                        Enforcement steps: this is a Provincial statute traffic offence, for which the "client" can be arrested, but they are generally released with an SOT, for which there is no VP and a mandatory Court appearance, with a minimum $250 fine. The vehicle can be impounded until a legally licenced driver takes control, but the original "client" or subsequent driver MUST pay the tow and storage costs first;

                        3/ driving after being notified by the licence issuer that her/his driving record is SO bad that s/he is not to drive for whatever period the issuer demands.

                        Enforcement steps: this is a Provincial statute traffic offence, for which the "client" can be arrested, but they are generally released with an SOT, for which there is no VP and a mandatory Court appearance, with a minimum $500 fine.

                        4/ driving after a CC driving offence conviction, either during an outstanding:
                        - Prohibition Order by that Court pursuant to the CC;
                        - Disqualification period assessed by the licence issuer due to the CC driving conviction.

                        Enforcement steps: this is a CC driving offence, for which the "client" can be arrested, but will generally be released on their own recognizance shortly after. There is no VP and a mandatory Court appearance, with a minimum fine of $600.

                        Generally, if a "client" is facing a charge pursuant to 3/ or 4/ above, the licence issuer will also "flag" the "client's" driving record, authorizing the LEO/PO to impound the vehicle being driven for a MINIMUM of 30 days. NOTHING can be removed from within the vehicle EXCEPT a child safety seat or a device that a physically challenged driver requires to operate a vehicle. The licence plates can NOT be removed and the vehicle may NOT be sold, by the "client".
                        #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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                        • #13
                          DWS is a sure ticket with me (which is a good majority of the stops I make around here- lots of DWS.) Here in IN you have DWS/Infractions (meaning you got suspended already 1st time) which by law is citable only, then after the 1st DWS its DWS/Priors, which is a Misdemeanor. Same thing, sure arrest.

                          Anytime I have a DWS its a 3 ticket minimum regardless:
                          -PC for the stop
                          -DWS itself
                          -No Insurance (because ins. companies state you have to have a valid lic to drive to be insured as a condition)
                          and possibly one more depending upon your attitude.

                          And probably an impound. Screw em.
                          And we know that in all things God works for the good of those who love him, who have been called according to his purpose.”- Romans 8:28

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