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Criminal Justice Online > Criminal Justice System > Adjudication - Criminal Justice System > How are license violations prosecuted

Moderated by: cjustice

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How are license violations prosecuted?

		Driver cited and drives away
		Driver cited and car towed
		Driver arrested and car towed
		Other
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Christopher
Administrator

Joined:	Tue Oct 3rd, 2006
Location:	The 909 Area Code, California USA
Posts:	44
Status:	Offline
Mana:

Posted: Thu Mar 15th, 2007 09:51 pm

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I would be interested in knowing how driver license violations are prosecuted in your various parts of country, ie suspended licenses, never issued etc.

In my little part of L.A. county the courts want the driver arrested, booked to confirm their identity and then released like most misdemeanors. Also the car they were driving has to be impounded for 30 days. Our agency charges $200.00 to release the vehicle after 30 days. The standard impound fee is $60.00, the remainder goes to fund a motor officer position.

FMPDsgt3002
Moderator

Joined:	Thu Oct 5th, 2006
Location:	Baltimore, Maryland USA
Posts:	13
Status:	Offline
Mana:

Posted: Sun Mar 18th, 2007 05:13 pm

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The charge for driving suspended, revoked, canceled, or without a driver's license in the State of Maryland is a "Must Appear" offense and requires the subject to be arrested and their vehicle to be towed. Upon completion of the arrest and transportation of the vehicle to a tow facility, Maryland State and local police agencies must transport the subject (forthwith) to the local District Court (equivalent to Magistrates in some states) for arraignment.

At the Fort Meade Police Department (a Federal DOD Police Agency) in Anne Arundel County, Maryland, we arrest a subject for the above stated offense, tow his/her vehicle, process the subject, cite, and then release the subject to a responsible person or release on their own recognizance. The reason for the difference in whether Federal DOD Police agencies transport to a District Court for arraignment or not lies solely with our legal advisor's (JAG) interpretation of the Assimilated Crimes Act. In a memo provided in 1990, JAG stated, "The Assimilated Crimes Act provides that where there is a void in federal criminal law, the state criminal law of the state in which the federal enclave is located shall be adopted as federal law. Generally, the Act does not assimilate administrative laws and punishment" and therefore, our agency does not follow the same standards as the State or local police agencies of Maryland.

jkeenunion
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Joined:	Thu May 10th, 2007
Location:
Posts:	20
Status:	Offline
Mana:

Posted: Fri May 11th, 2007 11:14 pm

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I'm also working out of L.A. and pretty much follow the same process as you do in the 909. The only difference is we cite them out on an Release from custody citation after taking a finger print on the citation.

It's crazy out here, it seems as if every 3rd person pulled over is unlicensed. Many of them have never been issued a license.

JK

Christopher
Administrator

Joined:	Tue Oct 3rd, 2006
Location:	The 909 Area Code, California USA
Posts:	44
Status:	Offline
Mana:

Posted: Fri May 11th, 2007 11:23 pm

Quote

Yep, no one is licensed. That is why we have license check points almost every week. Once the 30 days are up we charge $189.00 just for the release paperwork. It is a little more than a grand at the tow yard

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Criminal Justice Online > Criminal Justice System > Adjudication - Criminal Justice System > How are license violations prosecuted

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