Driving without a license question...

[stephen87]

Does anyone know off of the top of their head what the penalty is? Long story short, I left home, got pulled over, forgot my wallet, got a ticket for driving without a license. Anyone know the penalty?

 

[jfed85]

I got that once. I filed for the court date option and showed up to present my license and the fine was dropped. That was in Marion County traffic court but that was roughly 9 years ago.

 

[4sarge]

Maybe, County dependent. Talk to the prosecutors Office and take their advice, they may drop it long before your court date.

 

[Reno316]

License suspended, or just didn't have it on you?

If the latter, I showed up in court and they dropped the charge. That was in Colorado, however, so I don't know if IN courts would do the same.

 

[mcolford]

I have heard of it being a fix-it ticket thing.. Where if you at a later date show the officer, he/she will destroy the ticket, but never a full on go to court thing. Was there a little tension during the stop?

I got pulled over a couple months ago (tail lights out), and informed the officer at the beginning of the stop I had forgotten my wallet at home, but knew my OLN, and I just told him what it was, and he called it that way..

 

[daddymikey1975]

I showed up tp court with my valid license in hand.. ticket was dropped.

 

[churchmouse]

Had the same issue years back. Left my wallet at home and was well on my way to Terre Haute when I was pulled over for running 5 over the limit. LEO was a total dick looking to write and I got pounded. Truck was towed and had to get my wife to come and get me. I am partially to blame as I do not play well with Dicks but it is a valid charge. I showed my license to the judge and that was dropped, paid the speeding fine, missed a days work etc. Morale here....carry your wallet, do not speed, be kind to LEO.

 

[stephen87]

Nope, no tension, not suspended. I was in my pajamas and had to go get my girlfriend, just forgot to grab my wallet. I was running about 10 over and the officer didn't write me for speeding. All in all nice guy. I thought it was a fix-it ticket so I asked the officer and he said that he wasn't sure, but if the prosecutor was willing to do that then he was perfectly fine with it.

 

[Frank_N_Stein]

Nope, no tension, not suspended. I was in my pajamas and had to go get my girlfriend, just forgot to grab my wallet. I was running about 10 over and the officer didn't write me for speeding. All in all nice guy. I thought it was a fix-it ticket so I asked the officer and he said that he wasn't sure, but if the prosecutor was willing to do that then he was perfectly fine with it.

What county?

 

[hoosier978]

I am not a lawyer, but I took a look at the Indiana Code. I'm assuming you had a valid license at the time. There's no law against forgetting your license, I'm assuming the ticket was for:
IC 9-24-18-1
Driving without a license
Sec. 1. (a) A person, except a person exempted under IC 9-24-1-7, who knowingly or intentionally operates a motor vehicle upon a highway and has never received a valid driving license commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.

Section 1. (e) describes the defense against this:

(e) In a prosecution under this section, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driving license or permit that was valid at the time of the alleged offense.

So if you can take it to court I think you should be fine, however there might be an offense for forgetting your license or failing to have it on you that I missed, but I be this is what he got you for. BTW this is not legal advice.
Good luck!!

 

[Hogwylde]

Does anyone know off of the top of their head what the penalty is? Long story short, I left home, got pulled over, forgot my wallet, got a ticket for driving without a license. Anyone know the penalty?

NO PENALTY!


IC 9-24-13-6
Validity of licenses and permits; burden of proof; production of evidence
Sec. 6. (a) Subject to subsection (b), in a proceeding to enforce
section 3 of this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driving license or permit that was valid at the time of the alleged violation.
(b) A person may not be convicted of violating section 3 of this chapter if the person, within five (5) days from the time of apprehension, produces to the apprehending officer or headquarters of the apprehending officer satisfactory evidence of a permit or license issued to the person that was valid at the time of the person's apprehension.

 

[lrahm]

Try looking at "no license in possession". I don't have the IC handy but it is far different than "never received". It requires that you have your license on you while you drive. Never received, you go to jail. It's a simple infraction, fine and costs. Many times I given tickets for driving while suspended. During the time before court the offender gets a license. The prosecutor ammends the charge to "no license in possession".

 

[Frank_N_Stein]

Try looking at "no license in possession". I don't have the IC handy but it is far different than "never received". It requires that you have your license on you while you drive. Never received, you go to jail. It's a simple infraction, fine and costs. Many times I given tickets for driving while suspended. During the time before court the offender gets a license. The prosecutor ammends the charge to "no license in possession".

9-24-1-1. Most prosecutors/courts drop the ticket if the DL is presented.

 

[jsharmon7]

9-24-1-1. Most prosecutors/courts drop the ticket if the DL is presented.

I'm glad you were able to clarify that. I was under the impression they had changed the penalty to a public flogging and forcing you to wear a dunce cap for a week. It was either that or a fine.

 

[Kutnupe14]

What agency got you OP?
(Taking bets?)

 

[stephen87]

What county?

Johnson County

9-24-1-1. Most prosecutors/courts drop the ticket if the DL is presented.

It was 9-24-13-3.

IC 9-24-13-3
Possession and display of licenses and permits
Sec. 3. An individual holding a permit or license issued under this article must have the permit or license in the individual's immediate possession when driving or operating a motor vehicle. The permittee or licensee shall display the license or permit upon demand of a court or a police officer authorized by law to enforce motor vehicle rules.

I'm glad you were able to clarify that. I was under the impression they had changed the penalty to a public flogging and forcing you to wear a dunce cap for a week. It was either that or a fine.

That's what I'm worried about. I've never had to wear the dunce cap and I'm afraid it'll mess up my hair.

What agency got you OP?
(Taking bets?)

Johnson County Sherriff's Department

 

[stephen87]

NO PENALTY!


IC 9-24-13-6
Validity of licenses and permits; burden of proof; production of evidence
Sec. 6. (a) Subject to subsection (b), in a proceeding to enforce
section 3 of this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driving license or permit that was valid at the time of the alleged violation.
(b) A person may not be convicted of violating section 3 of this chapter if the person, within five (5) days from the time of apprehension, produces to the apprehending officer or headquarters of the apprehending officer satisfactory evidence of a permit or license issued to the person that was valid at the time of the person's apprehension.

Thank you, sir. I didn't see that when I looked it up last night. I did tell the officer that I had one and gave him my DLN. It was just complete complacency on my part. Headed down the street to get someone, don't check the pockets to make sure I have it and BAM! forgot it.

 

[lrahm]

9-24-1-1. Most prosecutors/courts drop the ticket if the DL is presented.

Ours don't. Remember where the "courts costs" go to.

 

[Frank_N_Stein]

Ours don't. Remember where the "courts costs" go to.

Equipment violations get dropped regularly, movers are pay or go trial.

 

[stephen87]

I'm gonna go tomorrow and see what happens. Judging by 9-24-13-6 though, it seems as though it should be dropped.