Suspended License

[ArtP88]

A 57 year old woman with a medically suspended drivers license (non-criminal suspension), is caught driving close to home. Is the officer mandated to arrest her? Or cite and release? Is officer discretion involved? Think the car would get towed?

I'd like to avoid the side topic of driving irresponsibility, in this thread.

[TRICKSTER]

The disposition depends on each departments policy. Most departments would not book her, but she can be cited out at the scene, and her vehicle can be placed into impound for 30 days. Legally, there is no mandated course of action. Basically it is just not worth the risk. Plus if she gets in an accident, her insurance will probably not cover her and god forbid she hurts or kills someone.

[John M]

Very unlikely she would be booked into jail.. However, some Dept's, mine included, use the word "shall" in regards to towing a vehilce when someone is cited for 14601.

[P5Ret]

I can't remember if a medical suspension falls under 13200 requirement for the 30 day impound or not. Cited or not the risk will outweigh any possible benefit. Even if a collision is not her fault she is still going to get screwed by the insurance company, and at that point any discretion is out the window.

[71MUSTY]

Of fudge. If you know someone who is medically restricted from driving. DON'T LET THEM. Take the car. Hide the keys, remove the battery whatever it takes.


I used to think who does it hurt, till one night my mother got on the freeway going the wrong way with no lights.

Thank God an off duty LEO with really big huevos risked his life and sacrificed his car to stop her before she killed someone.


It doesn't hurt anyone till they kill someone.

[CBR_rider]

Per state law, an arrest/citation is not mandatory. However, many agencies have policies and procedures that almost guarantee that she will be cited/car towed. Thank the lawyer class for even less discretion by officers when it comes to situations like these.

[John1960]

First, she has to be "caught", as in a traffic stop. Something has to draw attention to her driving or vehicle. Let's hope it's not an accident re: diabetic blood sugar problem, which is common. Excluding that, yes, discretion is wide open, cite, park the car, call a for a ride, store or impound the car, etc. It is very unlikely she will be "arrested", as in taken to jail. Of course, diabetics have been confused for DUI, taken to jail, blows .000, now what…..whoops.

[Eric B]

Depends on the department. Some will have a zero tolerance policies while others leave full discretion to the officers.


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[ArtP88]

Thanks for your responses, guys. I'll take from this, an arrest is unlikely, but almost certainly the car would get impounded.

To satisfy any curiosity, she has seizure issues which are controlled with medication. Every few years a medication change is in order. When her medication gets changed the MD is mandated to recommend to DMV a DL suspension. When the doctor lifts the recommendation it can take DMV months to grant her license back.

I wanted to know the consequences if she were caught driving to the grocery store 1 mile from home in our gated community. No one's planning a road trip here with her behind the wheel.

Again, thanks for your responses.

[P5Ret]

Thanks for your responses, guys. I'll take from this, an arrest is unlikely, but almost certainly the car would get impounded.

Just for some clarity yes she will be arrested, a violation of 14601 CVC is a misdemeanor. More than likely will be cited and released on the spot, will be treated as a traffic citation. The car will more than likely be towed, however I don't believe that a medical suspension qualifies for a 30 day impound (I'm not 100% positive on that though). There are suspensions that are exempted from a 30 day impound I think a temporary medical is one of those.

[71MUSTY]

Does it occur to you that the suspend her license for a reason?

Why do I think if she has a seizure and kills herself or someone else you will be on here crying about it.

Stop being selfish and care enough about your wife to set aside time to drive her to the store etc.

[ArtP88]

Does it occur to you that the suspend her license for a reason?

Why do I think if she has a seizure and kills herself or someone else you will be on here crying about it.

Stop being selfish and care enough about your wife to set aside time to drive her to the store etc.

Thanks for your vision and assumptions, I'm not sure what I'd do without your advise.

She's not my wife, she's my neighbor. And I do drive her as much as possible, as her other friends do too. But she lives alone and doesn't want to bother people when she wants a ride to check her mail or get some ice cream. She wants to be independent within her own bounds of what she knows she is capable of. She's a good person caught in the system.

I'm a firm believer in, "some rules are to be broken", and she is a classic example. As well, I'm disappointed discretion is being taken away from our law enforcement personnel, judges and other public workers at an alarming rate. I do not think a cookie-cutter world serves anyone. It's why we pay good wages - for good decisions. And I'm willing to accept a few bad calls along the way to keep discretion something we trust our public employees with.

In my first post I asked to avoid the "irresponsibility" of driving on a suspended license. That word I used suggested I know how my question might come off to those who want to take the question beyond simply wanting to know the legal consequences. Take driving up with me in private, if you must, or start a new thread. Any scumbag worth his salt would not bother to even consider the consequences.

[gibt]

[FLIGHT762]

I'm a firm believer in, "some rules are to be broken", and she is a classic example.

I find your quote here disturbing. I've handled a number of serious accidents where the driver became incapacitated with a medical issue and drove into occupied buildings, restaurants and into pedestrians. Your neighbor has a driving restriction due to seizures. I've personally seen the aftermath of such occurrences. your neighbor should not be driving

This^^^^^^^^^^^^^^^^^. We had a retired Postmaster who had the same condition as your neighbor. He rode a Bicycle around town. I personally took a call of him seizing on his bicycle. He wore a helmet and he wasn't hurt, but because he was on his bicycle there was no collateral damage like there would have been had he been driving a Vehicle.

[71MUSTY]

Any scumbag worth his salt would not bother to even consider the consequences.

I agree. And any MAN worth his salt would consider them heavily.

So now we both know who we are.

Good luck.