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  1. #1
    Join Date
    Jul 2019
    Posts
    2

    Default Identified As Driver Suspended

    My question involves a driver's license issued by the State of: indiana

    Hello, my question is, are the police notified when your license is suspended and are they on the lookout? Reason I ask is, my license was suspended for not paying a ticket. It was reinstated in February and then again suspended for not paying my 2nd payment that was due. The second suspension was in June. So, I had a good license from feb thru June and was neve pulled over for it. 2 weeks after being suspended in June, I was approached by an officer as I was getting gas asking for my license because he knew it was suspended. I did nothing to bring attention to him, so I’m wondering how he knew it was suspended without running anything on me. Yea I was wrong and had plans to pay the fine, but I assumed the police did not know or had no way of being “tipped off”.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Identified As Driver Suspended

    the police are not specifically informed of when your license was suspended but they do have that information available.

    In your situation maybe rhe cop recognized that you did have a suspension at one time and called in for a status check on your license.

    Or some areas have automatic plate scanners. They are constantly scanning plates and when one results in an issue with that plate or it’s owner, it alerts the cop.


    Nothing you have stated appears to be improper or unlawful. A cop can walk up to anybody and ask anything they wish to. What happens after that is what makes then difference.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,201

    Default Re: Identified As Driver Suspended

    The fact that the licensed owner is suspended is usually not sufficient to initiate a traffic stop. Now, if the vehicle registration had been suspended, that's a different story. Officer's either as JK mentions either manually or automatically enter licenses in the computer in hopes of coming up with some hit (suspended tag, suspended operator, stolen vehicle, warrants, etc...). Now since you were stopped already, they don't need a reason to approach you. It's deemed consensual. If the officer can identify you as the suspended operator (because he knows you or you identify yourself), he has all he needs to charge you.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,404

    Default Re: Identified As Driver Suspended

    Quote Quoting flyingron
    View Post
    The fact that the licensed owner is suspended is usually not sufficient to initiate a traffic stop.
    It is if the officer also has reasonable suspicion that the person driving that car is the suspended driver. For example, the person driving appears to look like the driver's license photo of the suspended driver. He doesn't need to know it as a certainty before making the stop.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,363

    Default Re: Identified As Driver Suspended

    In this case the OP was pumping gas and approached by the officer. No detention was necessary and all he had to do was ask if he was the R/O and his license status.

    And, how viable a detention for a suspended R/O might be may depend on the state and local court's tolerance for such things. In general, it can be seen as reasonable up until contact is made and the subject is clearly NOT the R/O. Keep in mind that in most (if not all) states the gender of the R/O is not stated, and in many states the RACE of a license holder is similarly not indicated on a DMV record.

    Then, of course, since it appears that we now have more than TWO genders and we are encouraged not to make assumptions ...
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Jul 2019
    Posts
    2

    Default Re: Identified As Driver Suspended

    Thank you for responding. I live just outside a small town with a local Marshall and occasionally some county officers who stop by. In this instance it was a county officer who I didn’t know. Know most of them. I got a mailing saying I was suspended 7 days prior so I knew I was suspended. Went to the local store to get gas. I clearly saw him and his vehicle there. He approached me at the pumps and said “I know your suspended, I need to see your license”. I told him I was suspended and asked him how he knew. He said he knew who I was. Not sure what that meant but I asked him if I should know him, cause I didn’t. Keep in mind, my license was suspended for not paying a ticket, but it was reinstated early Feb. From early February thru end of June, as a legal driver, I never once got questioned and i ran into different officers prob 50 times in the small town. Now, 7 days after it was again suspended, he seemed to know. Quick note on this suspension. During the time inwasnoriginallynsuspended, I got stopped by local marshall (known for years and always considered a friend. Anyway, he must have known i was suspended and stopped me. Didnt do anything wrong to be stopped but he stopped to check. I was still suspended. Unfortunately I paid my original ticket 2 days prior to this stop and just assumed I was good to go. I wasn’t evidently. Hadn’t been reinstated yet. He ticketed me and had another $200 fee to pay. The next day I figured I should check on the status and the next day it was reinstated. 3 days after being reinstated, same Marshall pulled me over. I was not pleased this time cause I knew I was reinstated. He checked and said it was good. I asked if I could go and he said yes. This is the ticket I did not pay that got me suspended again. I am far from anti police. I know a lot of them and our family is close friends with the county sheriff. Lived in the town all my life and never speed or run a stop sign or take advantage of being familiar with them.

    I was guilty as hell for driving suspended. Dragged out paying this one because first off I didn’t think he had a right to stop me and because in my mind I paid ticket even though it wasn’t reinstated yet.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,201

    Default Re: Identified As Driver Suspended

    "Your mind" doesn't enter into the stop or the issuance of the ticket.

    As I stated earlier and CDM (a former LEO) stated, you were already stopped, so he was free to ask you questions without any reason at all.
    The fact that he knew who you were and had an indication (running your info on his computer, calling in on the radio for a check, etc...) is all he needs to charge you.

    Now when it comes to actually going to court, then what matters is if you knew (or should have known) your license is suspended. Knowing you failed to address a prior ticket is generally regarded as sufficient proof that you knew your license would be suspended, but you can try your sob story with the court. You're not going to get anywhere with the "they're out to get me" argument. Cops (especially in small town) are actually expected to know about what's going on.

  8. #8
    Join Date
    Nov 2013
    Posts
    6,422

    Default Re: Identified As Driver Suspended

    Quote Quoting flyingron
    View Post
    As I stated earlier and CDM (a former LEO) stated, you were already stopped, so he was free to ask you questions without any reason at all.
    I disagree. In this case, this was not a casual stop as defined by law of the three types of stops defined by law.

    Finally, the third level of investigation occurs when a law enforcement officer makes a casual and brief inquiry of a citizen which involves neither an arrest nor a stop. In this type of "consensual encounter" no Fourth Amendment interest is implicated.
    https://scholar.google.com/scholar_c...as_sdt=4,15,33

    If the officer already had information that the suspected driver was on the suspension list, it was not a casual stop. The officer already had reasonable suspicion.

    Second, it is well-settled Fourth Amendment jurisprudence that police may, without a warrant or probable cause, briefly detain an individual for investigatory purposes if, based on specific and articulable facts, the officer has a reasonable suspicion that criminal activity "may be afoot." Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
    The fact that OP was already stopped has no weight here. It was not a casual stop.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,201

    Default Re: Identified As Driver Suspended

    Eh? Who said "casual." We said consensual. An articulable reason wasn't necessary as the person wasn't detained. Nothing in Overstreet seems to have any bearing here.

  10. #10
    Join Date
    Nov 2013
    Posts
    6,422

    Default Re: Identified As Driver Suspended

    It's the same thing under the law. Casual or consensual is the same thing.

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