Question about presenting CHL ID

Penn · Post by **Penn** » Fri Aug 03, 2007 9:53 am

If you let someone drive off with a suspended or revoked DL or no insurance, your department should be held responsible. There must be other options rather than letting them drive away or taking them "downtown".

Haven't lived in Texas very long, but aren't you allowed to tow a vehicle if the driver is unlicensed or uninsured? If you're not in the middle of nowhere and the person is competent, tow their car and send them walking.

seamusTX · Post by **seamusTX** » Fri Aug 03, 2007 10:02 am

Penn wrote:Haven't lived in Texas very long, but aren't you allowed to tow a vehicle if the driver is unlicensed or uninsured? If you're not in the middle of nowhere and the person is competent, tow their car and send them walking.

That's the policy in Galveston. If they don't have insurance, the car is towed, the driver is ticketed.

I don't know if there is a specific policy for unlicensed drivers. Unlicensed drivers usually have other problems like outstanding warrants that get them arrested.

- Jim

CHL/LEO · Post by **CHL/LEO** » Fri Aug 03, 2007 10:39 am

There must be other options rather than letting them drive away or taking them "downtown".

There are no other options at this time. About 10 years ago we had an officer who would tell the drivers that they were not legal to drive and make them get out and walk. He was severely reprimanded and told never to do this again. The only way that they can be arrested is if they are involved in a wreck (this was a recent change) and don't have the required license, insurance, etc. Prior to this change we would let them drive off from the wreck.

You should have heard the comments we got from the citizen's who were hit by these people. They would say to us, "This person has no DL, no insurance, no registration, and no inspection sticker and you're going to let them go? How am I ever going to get paid for the damage to my vehicle?" There were enough complaints from these outraged citizens that they finally got the City Council to listen.

Depending upon which part of Dallas that you drive in there is a high probability that up to 30% of the drivers on the road right now don't have a valid DL or any insurance. In certain neighborhoods it could be well over 75% of the drivers. If we arrested every one of them the county jail could not process all of them. The county jail is already over capacity and everyday they are releasing criminals on the street because of overcrowding. Thus the policy of why we can't arrest these people. If it was up to the LEOs these people would all be held accountable to the laws that are on the books but the elected officials have given us different marching orders.

As I stated previously, it's probably going to take a major lawsuit to effect any change. That, or the citizens getting vocal like they did over our previous no arrest policy when wrecks were involved.

Penn · Post by **Penn** » Fri Aug 03, 2007 11:16 am

Wow, that's just crazy. I'm definitely not saying you should arrest the idiots, but to let them drive off with no DL is crazy. Can you explain the problem with letting a competent adult walk away, as long as it's in a safe place to do so (not on the freeway or 25 miles from a phone).

The state I used to live in (California) allowed the P.D. to seize your vehicle if you couldn't provide proof of insurance.

CHL/LEO · Post by **CHL/LEO** » Fri Aug 03, 2007 11:24 pm

Can you explain the problem with letting a competent adult walk away, as long as it's in a safe place to do so (not on the freeway or 25 miles from a phone).

Our city attorney feels that we would be responsible if anything happened to them. I believe that there has been some previous court cases that determined this also. In addition to the jail being over capacity our auto pound is also full. If we arrested and towed all of these people we would fill up the jail and our auto pound in less than 24 hours.

Will938 · Post by **Will938** » Sun Aug 05, 2007 4:49 am

CHL/LEO wrote:
edit: Whats the worst that could happen, I take them home, they go out later and get busted. The cop, who probably can't remember my full name much less my address, might be involved somehow. And if she was then what law did I break? I did as she specified, what else can you do?
That's why she wanted your ID. Whenever we turn someone loose and hand them over to another person we always write up a report listing the circumstances of what we did and to whom we gave them to. We list out name, DOB, address, etc.

But I offered it. She was like, "What? Yeah." Did the bartender once over and handed it back. I'd be astonished if she remembered my correct info (save maybe my name) by the time I left.