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Christopher
Super Moderator
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Posted: Thu Mar 15th, 2007 10:51 pm | 1st Post |
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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.
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FMPDsgt3002
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Posted: Sun Mar 18th, 2007 06:13 pm | 2nd Post |
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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.
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jkeenunion
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Posted: Sat May 12th, 2007 12:14 am | 3rd Post |
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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
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Christopher
Super Moderator
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Posted: Sat May 12th, 2007 12:23 am | 4th Post |
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| 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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twebstertwintowers410
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Posted: Wed Aug 6th, 2008 04:25 pm | 5th Post |
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| As far as working for a state agency in California we cite and release for people driving unlicensed or suspended. Even though it is cited as a misdemeanor the violation gets infracted by the court alot of times. We have the ability to impound the vehicle for thrity days, forfeit depending on the suspensionorder, or impound untill proof of correction is shown. As far as release fees out department does not charge, but still requires a written release from the patrol office. Seeing how much time and paper work it takes an officer and clerical to impound and hold a vehicle I think it would only be fair to charge these people for vehicle. Another issue that we have are people who falesly identify themselves because they are illegal aliens, have warrants, or any other reasons. If officers don't read the deception signs it creates a big problem on the administrative side when the real persobn comes in and claims it was not them driving without a license. Our follwo-up officer spends much of his time working false impersonations on citations. Anyway thats it in a nut shell. Good stuff huh.
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Christopher
Super Moderator
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Posted: Fri Oct 1st, 2010 02:40 am | 6th Post |
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| There is a lot of press coverage, at least in CA, that so called DUI checkpoints are being really used to impound cars. Please take this poll and/or let us know how your agency deals with unlicenced drivers.
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