Leo ? Drivers license

[Roy Munson]

I think by letting them go your department now has the liability on that individual....

Nope. LEO incurr no liability for the actions of individuals they release.

[tvc184]

I think by letting them go your department now has the liability on that individual....

The day that you can prove that in court, the system will change.

I don’t see that happening.

There is generally no liability on the government (in this case the police) for omission unless there is a specific law requiring a duty to act. Actually the same applies to private citizens. Unless there is a law that requires action, a person has no duty to act.

[MetalMan2004]

I think by letting them go your department now has the liability on that individual....

Theoretically I’d think that would be true. The courts probably see that differently than us though.

[smokeless]

What’s wrong with this picture ??? We, legal American citizens are required to have a drivers license to operate a vehicle, while an illegal gets a pat on the back and sent on his merry way.

[sweetinlow660]

Typically a I'll issue a citation for no DL and then make them contact a licensed driver to come get the vehicle. If they don't have insurance then I have the vehicle towed and issue citations for whatever violations they have committed. (This goes for all unlicensed drivers, which BTW is a pretty high percentage of All races). But I have the luxury of being is fairly small jurisdiction with a call load that provides me the flexibility to spend the time it takes to get a licensed driver on scene.

It amazes me how many people in their 30s 40s and even 50s have been driving their entire lives without ever going to get a DL. I would think that would make a lot of things way harder. Most of them will say that they didn't get their license because they were "afraid they would fail the test" LOL WTH.

[Pullersboy]

What’s wrong with this picture ??? We, legal American citizens are required to have a drivers license to operate a vehicle, while an illegal gets a pat on the back and sent on his merry way.

Not true. Same as you, the illegal receives, at the officers discretion, a citation and is then sent on their way. This is the exact same action taken when it comes to legal citizens. A traffic citation is always at the officer's discretion, regardless of whether the person is a citizen or not. Illegals are required to have a DL to operate a vehicle on a public roadway, same as you. The enforcement action against an unlicensed driver is the same for both. Nobody is given a "pass" because of their status in this country, be it legal or illegal. Currently, at least on our department, the policy is that we do not arrest and place an ICE detainer on every illegal we encounter. That happens if they've committed a violent crime or certain property crimes (i.e. Burglary Habitation). If we were to arrest and place and ICE detainer on every illegal we encountered, there would be no cops on the street. They'd all be at jail almost immediately after their shift began only to have ICE release them due to overcrowding and nowhere else to store that many people. Then, y'all would on on here flaming away at LEOs for taking longer than we already do together to your call.
This is a MUCH bigger problem than traffic tickets. I agree with y'all. We as a country need to get very serious and do something about illegal immigration and securing our borders. Unfortunately, this has turned into a political hot button over the years and our beloved federal government isn't really going to do squat about it. You county sheriff's deputies and local police are NOT ICE agents. Our primary focus is to answer calls for service and other police services within our respective jurisdictions. We cannot do ICE's job too. There simply is not enough man power, jail facility space, budget, etc. Until the federal government makes some BIG meaningful changes. This will sadly be our course. I assure you, sir that your LEOs do everything within their power, policy and the law to improve your community and this country at large. The simple fact if the matter is that their hands are tied. They can only do so much.

[thegrouse]

You can go get everyone without a dl fingerprinted before issuing a citation. Sometimes you get lucky and find a wanted felon. Many times it is just an illegal just trying to make a living without any criminal history here in the us. So the officer must try to determine if the extra 1-2 hours out of service will be worth it. Many times it is not. They can always issue a citation and hope the offender is honest about who they are. The vehicle can be towed and the driver sent walking. Officer discretion of course. In many areas officers would be tied up all day trying to identify illegal aliens.

[sotol]

Not true. Same as you, the illegal receives, at the officers discretion, a citation and is then sent on their way. This is the exact same action taken when it comes to legal citizens. A traffic citation is always at the officer's discretion, regardless of whether the person is a citizen or not. Illegals are required to have a DL to operate a vehicle on a public roadway, same as you. The enforcement action against an unlicensed driver is the same for both. Nobody is given a "pass" because of their status in this country, be it legal or illegal. Currently, at least on our department, the policy is that we do not arrest and place an ICE detainer on every illegal we encounter. That happens if they've committed a violent crime or certain property crimes (i.e. Burglary Habitation). If we were to arrest and place and ICE detainer on every illegal we encountered, there would be no cops on the street. They'd all be at jail almost immediately after their shift began only to have ICE release them due to overcrowding and nowhere else to store that many people. Then, y'all would on on here flaming away at LEOs for taking longer than we already do together to your call.

This is a MUCH bigger problem than traffic tickets. I agree with y'all. We as a country need to get very serious and do something about illegal immigration and securing our borders. Unfortunately, this has turned into a political hot button over the years and our beloved federal government isn't really going to do squat about it. You county sheriff's deputies and local police are NOT ICE agents. Our primary focus is to answer calls for service and other police services within our respective jurisdictions. We cannot do ICE's job too. There simply is not enough man power, jail facility space, budget, etc. Until the federal government makes some BIG meaningful changes. This will sadly be our course. I assure you, sir that your LEOs do everything within their power, policy and the law to improve your community and this country at large. The simple fact if the matter is that their hands are tied. They can only do so much.

As the OP. I understand your situation. Sometimes you just have to do the best you can.

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[Quackerbox]

I think by letting them go your department now has the liability on that individual....

That makes about as much sense as cake made me fat and playboy gave me carpal tunnel syndrome

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[Rubi513]

That makes about as much sense as cake made me fat and playboy gave me carpal tunnel syndrome

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Makes perfect sense to me...

[2cents2many]

We have a couple options...we write a citation, we write the citation and tow the vehicle or we just have a family member or friend with a valid Texas DL come to the scene (if they are already close) and have them drive the car.

[2cents2many]

You are absolutely right

[toomuchsun]

I just renewed on line. My Daughter just renewed at DMV and had to find her birth ceritificate. Now if she will just make those insurance payments!
My eyes are holding OK but I aint getting no younger. Going in person in a few years I might assume minor eyesight concerns. That is why we go to update pictures etc. to be readily identified and safe on the road. Sad so many possibly our own neighbors may be improperly operating a vehicle. Rules and laws are for our safety. Thanks to those who do their best to follow and/or uphold.

[Quackerbox]

Makes perfect sense to me...

When does it stop then?

Guy is Cited for class c assault. He gets home next day and beats wife to death. Who is to blame?

He hasn't done anything to warrant being jailed...

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[MetalMan2004]

When does it stop then?

Guy is Cited for class c assault. He gets home next day and beats wife to death. Who is to blame?

He hasn't done anything to warrant being jailed...

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Simple. Someone commits class C assault should be cited for it. If they do it again they should be cited for it again.

If someone is given a ticket for driving without a license and then is allowed to drive away from the scene the police officer is literally watching that person continue to break that same law again as they drive off.

If someone assaults someone a cop doesn’t say here’s your ticket now you can continue assaulting them.