Driving without a license question...

[Doty]

It will get dropped unless the prosecutor wants to stick it to you.

 

[littletommy]

I got nabbed in Kentucky a few years back for speeding, and didn't have my wallet on me. The cop didn't write me for speeding, and told me if I showed up at the court house within 7 days, there would be no ticket. I took my DL there, and that was that.

 

[Hiker1911]

Try this one out for size. First of all, Evansville is experiencing quite the problem of driver's without a license-operating a 150cc scooter on city, or nearby county roads.

Case in point, a friend in the county was hit this week next to his driveway. The unlicensed, adult driver of the 150cc scooter tried to kill his van. The van was being moved from across the street to the driveway which is a stone's throw from the parking spot. After the work on the property was completed, he chose to move the van back to its parking spot-after dark. He pulled forward 10 feet with lights on from his parking place on the street, and turned on his left blinker while checking the mirrors. Out of nowhere appears the scooter-which took paint off the drivers side of the van, and damaged to van's side mirror before the scooter hit the curb, and lost complete control.

He claimed no license, no insurance, and apparently had his worldly belongings strapped on the back. The Vanderburgh County Deputies let the man go, of course!

Life gets more interesting all the time. Apparently, the state legislature is taking a blind eye to the growing problem. Or is it enforcement of existing statutes that is lacking by law enforcement personnel-due to being overworked, or having greater priorities?

 

[lrahm]

Try this one out for size. First of all, Evansville is experiencing quite the problem of driver's without a license-operating a 150cc scooter on city, or nearby county roads.

Case in point, a friend in the county was hit this week next to his driveway. The unlicensed, adult driver of the 150cc scooter tried to kill his van. The van was being moved from across the street to the driveway which is a stone's throw from the parking spot. After the work on the property was completed, he chose to move the van back to its parking spot-after dark. He pulled forward 10 feet with lights on from his parking place on the street, and turned on his left blinker while checking the mirrors. Out of nowhere appears the scooter-which took paint off the drivers side of the van, and damaged to van's side mirror before the scooter hit the curb, and lost complete control.

He claimed no license, no insurance, and apparently had his worldly belongings strapped on the back. The Vanderburgh County Deputies let the man go, of course!

Life gets more interesting all the time. Apparently, the state legislature is taking a blind eye to the growing problem. Or is it enforcement of existing statutes that is lacking by law enforcement personnel-due to being overworked, or having greater priorities?

First you are talking about a 50 cc scooter. Please look up the statue. If it is over 50 cc or goes over 25 mph, it is a motorcycle. We have too many people riding these scooters and too many problems. The prosecutors office dictates what he prosecutes and what he drops. It is clear and simple that every motorized vehicle (except I believe a farm tractor) has to have insurance. The bike have to be designed not to exceed 25 mph. I have written numerous tickets for speeding and throw in a driving while suspended, all have held up in court. you are right, I have better things to do. The state should address the problem.

 

[BehindBlueI's]

Life gets more interesting all the time. Apparently, the state legislature is taking a blind eye to the growing problem. Or is it enforcement of existing statutes that is lacking by law enforcement personnel-due to being overworked, or having greater priorities?

When I was in uniform I locked up scooter-ers for driving while suspended, habitual traffic violator, etc. etc. The prosecutor dropped them in almost every case. Apparently they though there was a loop hole in the "designed speed" and the speed at which they were actually going, as well as how could you tell how many CCs it really was. Basically the statute, as written, wasn't sufficiently specific for our prosecutor to feel comfortable trying cases.

 

[stephen87]

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

Rahm, in Eville these don't get dropped? It seems pretty cut and dry that 9-24-13-6 requires it to be dropped if presented within 5 days.

 

[Hogwylde]

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

According to IC 9-24-13-6 it MUST be dismissed as long as you provide proof within 5 days that you had a valid license at the time of the offense.

If you are silly enough to not know the laws of Indiana and pay the fine anyway, then that's your fault.

 

[steve666]

Had it happen to me here in Marion Co. back in the mid 70's, just had to go in before my court date and show my license. I've heard that it is still that way, just have to go to the 6th floor of the City-County Bldg.

 

[lrahm]

When I was in uniform I locked up scooter-ers for driving while suspended, habitual traffic violator, etc. etc. The prosecutor dropped them in almost every case. Apparently they though there was a loop hole in the "designed speed" and the speed at which they were actually going, as well as how could you tell how many CCs it really was. Basically the statute, as written, wasn't sufficiently specific for our prosecutor to feel comfortable trying cases.

There is a fairly new state court ruling that an officer got a guy for 43 in a 30 on a scooter. The guy was suspended and cited. It was upheld at the state supreme court level. I will try to get the case for you if you wish.

 

[lrahm]

According to IC 9-24-13-6 it MUST be dismissed as long as you provide proof within 5 days that you had a valid license at the time of the offense.

If you are silly enough to not know the laws of Indiana and pay the fine anyway, then that's your fault.

If you get stopped for driving while suspended, there is no way you can provide a valid license in five days. There are hoops to jump through for the BMV, possible fines to pay, proof of insurance to provide. It doesn't happen overnight. It's a gift to the person to only be cited for no license in possession rather than being convicted of driving while suspended.

 

[stephen87]

Okay, I get what you're saying. I'm not suspended though, so I'm going today to talk to them about it. Thanks everyone.

 

[stephen87]

So I went and talked to the clerk at the City Court and she claims that because the officer did not write me a ticket for speeding, which is what was the initial stop was for, they cannot drop the ticket. I told her that per 9-24-13-6 if I present my license within 5 days of the stop Indiana Code dictates that it must be dropped. She said it's up to the city whether it's dropped or not. I asked if there was someone else I could speak to about it and she said the prosecutor will be in next Wednesday and no earlier. Then she claims it hasn't been turned in yet. What would be next option for filing a complaint against a city/department for not following the letter of the law? Indiana Code is very clear about what is supposed to be done in cases like mine, it does not say it's entirely up to the circumstances. I was only written for the driving without a license in my possession and given a warning on the speed.

 

[Hogwylde]

If you get stopped for driving while suspended, there is no way you can provide a valid license in five days. There are hoops to jump through for the BMV, possible fines to pay, proof of insurance to provide. It doesn't happen overnight. It's a gift to the person to only be cited for no license in possession rather than being convicted of driving while suspended.

We aren't talking about a suspended license. The OP HAS a valid license, but forgot to take it with him and got stopped. As long as you have a valid license and can prove that it was valid at the time of the infraction, the charges have to be dropped.

If you get the run around about the charges being dropped when you present your license, just go to court. Quote IC 9-24-13-6 to the judge and apologize to the court for the police and prosecutors wasting his time and yours. Maybe that will get them to drop the charges like they are supposed to next time.

 

[Bunnykid68]

We aren't talking about a suspended license. The OP HAS a valid license, but forgot to take it with him and got stopped. As long as you have a valid license and can prove that it was valid at the time of the infraction, the charges have to be dropped.

They should treat it just like the LTCH and look it up and quit harassing people over it.

 

[stephen87]

We aren't talking about a suspended license. The OP HAS a valid license, but forgot to take it with him and got stopped. As long as you have a valid license and can prove that it was valid at the time of the infraction, the charges have to be dropped.

If you get the run around about the charges being dropped when you present your license, just go to court. Quote IC 9-24-13-6 to the judge and apologize to the court for the police and prosecutors wasting his time and yours. Maybe that will get them to drop the charges like they are supposed to next time.

Normally I wouldn't look fora way out of a ticket. I typically accept it and move on. Seeing as how the department is doing something illegal, I'm going to get to the bottom of it. Just not sure how to go about it.

 

[bobbittle]

Perhaps if you went to the police station?

 

[stephen87]

In Greenwood, police station and court is in one building.

 

[Bunnykid68]

In Greenwood, police station and court is in one building.

They might just arrest you for harassing them

 

[lrahm]

We aren't talking about a suspended license. The OP HAS a valid license, but forgot to take it with him and got stopped. As long as you have a valid license and can prove that it was valid at the time of the infraction, the charges have to be dropped.

If you get the run around about the charges being dropped when you present your license, just go to court. Quote IC 9-24-13-6 to the judge and apologize to the court for the police and prosecutors wasting his time and yours. Maybe that will get them to drop the charges like they are supposed to next time.

Ok, then it is up to the OP to get to the court in the five day period. If the info is give to him (I don't if it was) you can't expect the officer to call him and ask if he took care of it.

 

[stephen87]

Correct, Rahm. I went and they said too bad, they cut you a break, we won't. Plus, it isn,t in the system yet, so that's where I'm stuck at. I know the officer has 5 days to submit the ticket.