Idea to help stop drivers with suspended license.

[kongjie]

No, we're setting people up to not have repercussions for their bad decisions.

I'm all for repercussions and consequences. But in a country where public transportation is such an afterthought and most people rely on driving to work, suspending the license of someone who needs to drive to keep a job to keep paying the rent or mortgage can often result in that person driving on a suspended license.

Am I saying that we shouldn't suspend licenses if you need a car to go to work. Nope. But I am saying that such laws create consequences.

 

[enki]

You can get a DUI on bicycle, and it counts.

Wrong.

http://www.bayareaduidefense.com/bay_area_dui/motorcycles_boats_planes/cycling_under_influence.html

 

[Johndicezx9]

Wrong.

http://www.bayareaduidefense.com/bay_area_dui/motorcycles_boats_planes/cycling_under_influence.html

http://www.shouselaw.com/cycling-biking-under-influence.html

The punishment for a CUI is a fine of not more than $250 and no jail time.2 Although the punishment for a CUI is less burdensome than California's DUI penalties, a CUI is still a misdemeanor and will show up as a conviction (giving you a criminal record).3 Furthermore, if you are under 21-years-old, a CUI conviction can result in a suspension of your driver's license.

So, a couple of points:

It is up to the DMV to suspend a license, their actions are separate from the court. They will automatically suspend a CDL if one is under 21, and they will require minors to enroll in a 1st offender program (DUI school) before they can get their license back.

When they say $250 fine, that's before the taxes and court fees, so it's probably closer to $600-$750 depending.

Maybe LEO's/attorneys can chime in, but a criminal record is "counting" to me. (Probably comes off your record with a successful completion of probation, but it can sure hamper a job search and trips to Canada while it's on there.)

 

[enki]

http://www.shouselaw.com/cycling-biking-under-influence.html

The punishment for a CUI is a fine of not more than $250 and no jail time.2 Although the punishment for a CUI is less burdensome than California's DUI penalties, a CUI is still a misdemeanor and will show up as a conviction (giving you a criminal record).3 Furthermore, if you are under 21-years-old, a CUI conviction can result in a suspension of your driver's license.

So, a couple of points:

It is up to the DMV to suspend a license, their actions are separate from the court. They will automatically suspend a CDL if one is under 21, and they will require minors to enroll in a 1st offender program (DUI school) before they can get their license back.

When they say $250 fine, that's before the taxes and court fees, so it's probably closer to $600-$750 depending.

Maybe LEO's/attorneys can chime in, but a criminal record is "counting" to me. (Probably comes off your record with a successful completion of probation, but it can sure hamper a job search and trips to Canada while it's on there.)

 

[MysterYvil]

You must read my mind when it comes to some of your posts!

Yes, let me out her on an internet forum.

. You got my joke!

 

[Johndicezx9]

. You got my joke!

We can tell everyone it's a "MoCo thing"!arty

 

[enki]

You can get a DUI on anything as far as I can tell... car, moto, bike, lawnmower, scissor lift, bar stool, you name it.

You think you can get one on a skateboard or roller skates? Might get cited by the officer, but I think a defense lawyer would lick his chops on that one. It's called the Department of Motor vehicles.

As far as the other "expert" and Canadian law barring DUI offenders from the US entry, I believe the reasoning there is that DUI with a motor vehicle / is the equivalent of a felony under Canadian law. Bicycling under the influence in Canada is treated as public intoxication, from everything I have found.

 

[Johndicezx9]

You think you can get one on a skateboard or roller skates? Might get cited by the officer, but I think a defense lawyer would lick his chops on that one. It's called the Department of Motor vehicles.

As far as the other "expert" and Canadian law barring DUI offenders from the US entry, I believe the reasoning there is that DUI with a motor vehicle / is the equivalent of a felony under Canadian law. Bicycling under the influence in Canada is treated as public intoxication, from everything I have found.

It's not the crime that stops you at the border, it's that you've been arrested and you are in the FBI database, which yes, any misdemeanor will do.

It is up to Canadian customs/RCMP to determine whether or not your crime is serious enough to deny entry....

(From the quickest of searches)

It is important to keep in mind that Canadian border officers have a significant amount of discretion in determining who to let into Canada. While it may seem intuitive, being as cooperative and as friendly as possible at the border can work wonders for being granted entry to Canada with a criminal conviction or having your application for entry to Canada approved.

http://www.ezbordercrossing.com/the...make-you-inadmissable-to-canada/#.V0R2ICEhM1J

http://www.ezbordercrossing.com/the...-crimes-and-canadian-equivalent/#.V0R0FiEhM1I

http://www.ezbordercrossing.com/the...minal-inadmissibility-to-canada/#.V0R2XCEhM1I

 

[kawikz]

i can see towyard overcrowding lol

 

[enki]

It's not the crime that stops you at the border, it's that you've been arrested and you are in the FBI database, which yes, any misdemeanor will do.

It is up to Canadian customs/RCMP to determine whether or not your crime is serious enough to deny entry....

(From the quickest of searches)

http://www.temporaryresidentpermitcanada.com/misdemeanor.php

http://www.ezbordercrossing.com/the...make-you-inadmissable-to-canada/#.V0R2ICEhM1J

http://www.ezbordercrossing.com/the...-crimes-and-canadian-equivalent/#.V0R0FiEhM1I

http://www.ezbordercrossing.com/the...minal-inadmissibility-to-canada/#.V0R2XCEhM1I

Wrong again, but keep playing.

http://www.temporaryresidentpermitcanada.com/misdemeanor.php

Misdemeanor Entry into Canada

A commonly asked question is "will Canada bar me because of a misdemeanor record?" The Canadian border does not actually care whether or not the crime was a misdemeanor or felony, they are only concerned about what the Canadian equivalent crime is. For this reason, you can be denied entry for many misdemeanors such as drunk driving simply because the equivalent crime in Canada is an indictable offense, as opposed to the lesser summary offense.

 

[Johndicezx9]

Wrong again, but keep playing.

Misdemeanor Entry into Canada

A commonly asked question is "will Canada bar me because of a misdemeanor record?" The Canadian border does not actually care whether or not the crime was a misdemeanor or felony, they are only concerned about what the Canadian equivalent crime is. For this reason, you can be denied entry for many misdemeanors such as drunk driving simply because the equivalent crime in Canada is an indictable offense, as opposed to the lesser summary offense.

You sure are a stubborn old guy, one that can't see that's pretty much saying the same thing.

 

[enki]

Actually it isnt.

 

[Johndicezx9]

Actually it isnt.

No you!

 

[enki]

No you!

Dude, you said any misdemeanor would keep you out of Canada. The highlighted text shows you that isn't true and differentiates between DUI, which we call a misdemeanor and the Canadians call a felony.

Keep making shit up, though. I'm havin fun.

 

[Johndicezx9]

Dude, you said any misdemeanor would keep you out of Canada. The highlighted text shows you that isn't true and differentiates between DUI, which we call a misdemeanor and the Canadians call a felony.

Keep making shit up, though. I'm havin fun.

I said it would stop you at the border, and then included a quote (and links) that it was up to Canadian customs to make the determination to allow you in....

Time for new glasses? Ginkoba? Pre-senility tests? (I'm having fun, too!)

You can keep going, but this thread is really inching towards the sink with each one of our posts! arty

 

[Terminal_G]

Getting tired of reading about riders (and cagers too) getting taken out by drivers that should not be behind the wheel. (Recent fatality in another thread) when they have a suspended license and should not be driving.

Inbound all vehicles when license is suspended or make them 100% inoperable. Any car they are caught driving is impounded and sold at a100% loss to the owner. This would prevent most people from "loaning their car" to anyone with a suspended license since they could lose their car.

A large percentage of suspended drivers are either under the influence or should not be driving.

This goes for motorcycle riders who get a suspended license for multiple speeding tickets.

What ya think?
RC

I haven't read through the post - but here is my feedback.

I understand that driving a vehicle is a privilege and not a right - but too many times the poor in America are the ones who suffer. I was a single father to my (then) three year old girl when my license was suspended in Florida because I couldn't pay a traffic fine. I was about 23 years old and made about $4 per hour.

So, my license suspended I had two choices - drive and risk it or quit my job and become homeless with a child.

I chose the former. It took me an entire year to get resolved, but I did get caught once. Thankfully, the CHP was really, really understanding. He told me, "You know I can impound your car, take you into custody, and your daughter will go to foster care right now, don't you?"

I won't lie - the thought brought me to tears and I was open and honest with the officer - but I never once asked for mercy....he gave it anyway and let me go.

So to answer your question...not everyone with a suspended license is a drug addicted person who is "incapable" of driving. Sometimes people have some serious problems and they need to make hard choices just to survive.

The "hard-nosed" stance, in my opinion, doesn't always work.

 

[Lunch Box]

Sounds like the CHP are really branching out. They were bugging you all the way out in Florida? Crazy....

 

[Terminal_G]

Sounds like the CHP are really branching out. They were bugging you all the way out in Florida? Crazy....

LOL! True - Not the "CHP,"...the Florida Highway Patrol.

 

[dravnx]

I haven't read through the post - but here is my feedback.

I understand that driving a vehicle is a privilege and not a right - but too many times the poor in America are the ones who suffer. I was a single father to my (then) three year old girl when my license was suspended in Florida because I couldn't pay a traffic fine. I was about 23 years old and made about $4 per hour.

So, my license suspended I had two choices - drive and risk it or quit my job and become homeless with a child.

I chose the former. It took me an entire year to get resolved, but I did get caught once. Thankfully, the CHP was really, really understanding. He told me, "You know I can impound your car, take you into custody, and your daughter will go to foster care right now, don't you?"

I won't lie - the thought brought me to tears and I was open and honest with the officer - but I never once asked for mercy....he gave it anyway and let me go.

So to answer your question...not everyone with a suspended license is a drug addicted person who is "incapable" of driving. Sometimes people have some serious problems and they need to make hard choices just to survive.

The "hard-nosed" stance, in my opinion, doesn't always work.

Thanx for sharing that story. I have to keep reminding myself that the world is not black and white but every shade and color imaginable.

 

[jwb]

I haven't read through the post - but here is my feedback.

I understand that driving a vehicle is a privilege and not a right - but too many times the poor in America are the ones who suffer. I was a single father to my (then) three year old girl when my license was suspended in Florida because I couldn't pay a traffic fine. I was about 23 years old and made about $4 per hour.

So, my license suspended I had two choices - drive and risk it or quit my job and become homeless with a child.

I chose the former. It took me an entire year to get resolved, but I did get caught once. Thankfully, the CHP was really, really understanding. He told me, "You know I can impound your car, take you into custody, and your daughter will go to foster care right now, don't you?"

I won't lie - the thought brought me to tears and I was open and honest with the officer - but I never once asked for mercy....he gave it anyway and let me go.

So to answer your question...not everyone with a suspended license is a drug addicted person who is "incapable" of driving. Sometimes people have some serious problems and they need to make hard choices just to survive.

The "hard-nosed" stance, in my opinion, doesn't always work.

Very touching. Have you considered not getting pulled over? Not to put too fine a point on it, but if you got a ticket in Florida, drove in California without a license, and got pulled over by the CHP where they could find out about your non-licensed status, that would seem to imply something negative about your driving/riding style.