How do you all handle suspended license while conducting a traffic stop? I usually arrest them and I'm not sure if that's proper or not. I'm sure it changes between states though,  So what do you do. arrest them or let them slide or judge it on other event's, like having drugs, or dui etc?

18 minutes ago, BigB79 said:

How do you all handle suspended license while conducting a traffic stop? I usually arrest them and I'm not sure if that's proper or not. I'm sure it changes between states though,  So what do you do. arrest them or let them slide or judge it on other event's, like having drugs, or dui etc?

Most places you arrest them, indeed, and seize the vehicle.

Just like Albo said, Most officers arrest and have the vehicle towed. Mainly because if someone is driving on a suspended license and they got into a accident and you ended up letting them go, You could possibly be held accountable. 

In my state we usually arrest them, but it is also at our discretion, If we don't arrest them then we issue them a summons to go to court  and either have the vehicle towed or have a relative or friend pick up the vehicle.

we would arrest in my province. and tow the vehicle 

In my state, being under suspension is not grounds for an arrest and you can only be issued a ticket. 

( For Game Play ) Ask them to leave the Vehicle  search/frisk then have the car towed while they are standing there and ten issue them a citation then call them a cab.

In real life its usually a ticket with a 500.00 fine court date and additional suspension .

How I work it is:

Suspended License = Arrested and towed vehicle

Expired License = I give them the benefit of the doubt that they just need to renew it and give them a citation.

IRL they would more than likely  give the exact same treatment for Expired License as they would a suspended.

I actually did some research a few weeks ago about this to have a definitive idea of what is going in that case: here's how things are handled in NY State.

DRIVING WHILE YOUR LICENSE IS SUSPENDED OR REVOKED
Aggravated Unlicensed Operation (AUO) is driving while your license is under suspension or revocation.

AUO-3rd degree. This is a misdemeanor for driving with a suspended or revoked license or privilege to drive. It is punishable by a mandatory fine of $200–$500, a mandatory surcharge, and possible imprisonment up to 30 days or probation.

AUO-2nd degree. This is a misdemeanor. If the driver is convicted of driving with a license previously suspended or revoked within the prior 18 months due to a conviction of AUO-3rd degree, it is punishable by a minimum fine of $500, a mandatory surcharge, and mandatory imprisonment up to 180 days or probation.

Punishment includes a mandatory fine of $500–$1000, a mandatory surcharge, and mandatory imprisonment of 7–180 days or probation, if the driver is convicted of driving while suspended or revoked and one of the following:
• The original suspension or revocation had resulted from either a conviction for an alcohol- or drug-related violation or a chemical test refusal; or,
• The original suspension was a mandatory suspension pending prosecution of an alcohol or drug-related offense; or,
• The driver has in effect three or more license suspensions, imposed on at least three different dates, for failure to respond to tickets.

AUO-1st degree. This is a felony. It is punishable by a mandatory fine of $500–$5000, mandatory imprisonment up to four years or probation, and possible seizure and forfeiture of the vehicle driven.
A driver may be convicted of AUO-1st degree if driving while suspended or revoked and:
• The driver is impaired or intoxicated, with a license or privilege currently under suspension or revocation for an alcohol or drug-related violation or a chemical test refusal; or,
• The driver has in effect 10 or more license suspensions, imposed on at least 10 different dates, for failure to respond to tickets.

So technically to be detained you have to be a repeat offender and/or impaired but since LSPDFR doesn't really come with a detailed history of the suspects (which would be really great) it is hard to make a decision regarding the original reason for the suspension and if the person already was pulled over for driving with a suspended license. What I am doing is:

- except for the suspended license if the suspects are clean (especially not drinking and driving and if I didn't pull them over for being involved in an accident) I give them a min. fine of $200 (or more if I deal with a jerk)

- if the suspect is drunk and/or was involved in an accident, if the suspect is piling up other breaches (speeding, no insurance, no tax, etc.) this is jail time.

Edited May 12, 201610 yr by DLM3
stuffs!

Personally, if they're suspended I arrest them and tow the vehicle. If they're expired, depending on the situation I'll either impound the vehicle, cite them, and call them a taxi, or sometimes just cite them and let them drive off. Reason I sometimes let them drive off is we don't get a lot of scope of how expired the license is. I've known people who've been let off after being pulled over within a couple weeks of their license expiring, and so I kinda roleplay this for some of the suspects.

At least here in the United States where I live, depending on how many times the driver has already been arrested for the offense of DWLS (driving while license suspended) and how many withdrawls are in effect, that depends on whether or not they get arrested.  See here in the state I live in driving while suspended is a simple misdemeanor punishable by a scheduled fine (a ticket).  But we can also arrest that driver if we want (all up to the officers discretion) and if they can't post bond right away they will just spend a night in jail until they see the judge the next morning.  We however DO NOT tow their vehicle unless it was used in a crime and will be impounded as evidence. (Example a pursuit or vehicular crime)  The vehicle will be left with a family member or left on the side of the road.  The above does not pertain to the interstate because after a 24 hr period the state patrol can and will tow any abandoned vehicles left for 24 hrs along the interstates.

But anything over DWLS, we arrest.  Driving while Revoked and Barred are automatic arrests.  I kinda wish LSPDFR had revoked and barred in it and not just suspended.

Edited May 13, 201610 yr by Dexter11421