Suspended Licsense ??

A forum for LEOs, firefighters, EMT and other first responders to discuss issues pertaining to their fields.
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Sidewinder6
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Post by Sidewinder6 » Tue Jul 10, 2007 2:30 pm

MiamiAttorney wrote:Sidewinder: it's true that this forum has room for opinions & commentary. But don't confuse that with uninformed, inflammatory speculation. LEO's are constrained by a huge number of policies, rules & regs, so I think it's silly to speculate that a guy ignored the mandate of his job unless you're at least a little familiar with his orders.

Just my 2 cents, of course.
Your right regarding speculation. I am sure there were other factors involved. For that matter, the alledged habitual offender is probably quite typical of the South Florida driving profile. Everyone has their own experience with the subject at hand. I empathize with Spitfire.

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codlinjr
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Post by codlinjr » Tue Jul 10, 2007 3:26 pm

Spitfire001 wrote:1- Careless Driving 316.1925.1
2- Driving while dl suspended 322.34.2

4 guilty 1 withheld 1 nole pros, Total of 6 times then add this 1
for 7 times total looks like his penalties for the 4 guilty was pay fines wich the court has yet to recive and has had writs issued(I assume take in custody if pulled over). I'm just a private citizen finding this, I would think an leo would have instant accses to this info??
I'm upset that he has made it through the system this long with out stiffer penaltys....
Ok, now with this information, I would agree it is fair to say he should (according to the law) have went away in handcuffs for felony DWLS. I still don't think its right however, to say the cops on scene were kind/gentle, lazy, not wanting to do their jobs, etc... because who knows what they were thinking or had for information. Normally we have quick access to someone's criminal history, but there are times when the systems are down for different reasons. Also, I'm pretty sure the DWLS citation should be 322.34.2(c), this "c" subsection is for the third (or more) conviction and makes it a third degree felony.
So, is it possible the cop was wrong by not knowing about the felony subsection - sure; its also possible he did know and choose to only cite him for the misdemeanor DWLS; or it could be that the cop was just lazy and did't want to make the arrest. Nevertheless, just assuming it was because he/she didnt do his job and probably didnt care to, was out of line in my opinion... especially since at that time we didn't even have the rest of this information.

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Spitfire001
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Post by Spitfire001 » Tue Jul 10, 2007 5:22 pm

Don't get me wrong I'm not knocking the Officer, Because I wasn't on scene when he arrived, I was just curious about the standard For HO status. I thank you all for your help :smile

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codlinjr
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Post by codlinjr » Tue Jul 10, 2007 6:35 pm

Spitfire001 wrote:Don't get me wrong I'm not knocking the Officer, Because I wasn't on scene when he arrived, I was just curious about the standard For HO status. I thank you all for your help :smile

I know, it wasn't you I was refering to. Also, apparently this guy hasn't been charged as a habitual... does it list the dates of his convictions? HO is determined by getting a certain number of certain violations within 5 years, or by accumulating 15 points in that time... if memory serves me right.

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Spitfire001
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Post by Spitfire001 » Tue Jul 10, 2007 6:45 pm

1-30-00 Guilty
3-05-00
4-11-03
1-07-04
Found guilty on these dates for driving on Suspended dl

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codlinjr
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Post by codlinjr » Tue Jul 10, 2007 7:47 pm

Spitfire001 wrote:1-30-00 Guilty
3-05-00
4-11-03
1-07-04
Found guilty on these dates for driving on Suspended dl
That explains it then... 3 DWLS convictions are needed w/in 5 years for HO. He should be now after this one!!

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Spitfire001
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Post by Spitfire001 » Tue Jul 10, 2007 7:51 pm

Thanks

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