driving without a license

B

bojangles

New Member
Jurisdiction
Florida
So my wallet was stolen and i had no license when i was driving. I was driving to work when i was pulled over and i told the cop that my wallet was stolen and that my license was from North Carolina. He gave me a ticket and on the ticket it says No drivers license, Never had one issued. But i did have a license issued in 2009 and i ordered a license report from the DMV that states that ive had a license since 2009 with zero points. I missed one court date that was in Miami FL but i was already back in NC, now i made another court date and it is coming up and heading back to Miami. Will the license report be sufficient to dismiss my case? The ticket says i never had one issued but i did. Also, will i go to jail for missing the first court date? do i need a lawyer for this?
 
bojangles said:
So my wallet was stolen and i had no license when i was driving. I was driving to work when i was pulled over and i told the cop that my wallet was stolen and that my license was from North Carolina. He gave me a ticket and on the ticket it says No drivers license, Never had one issued. But i did have a license issued in 2009 and i ordered a license report from the DMV that states that ive had a license since 2009 with zero points. I missed one court date that was in Miami FL but i was already back in NC, now i made another court date and it is coming up and heading back to Miami. Will the license report be sufficient to dismiss my case? The ticket says i never had one issued but i did. Also, will i go to jail for missing the first court date? do i need a lawyer for this?
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Generally, if a person is cited for driving without a license, upon presentation of a valid license judges will often dismiss the charge.

Be advised, if you were UNLICENSED, SUSPENDED, or REVOKED on the date of the citation the court in Florida will know that tidbit.

Records checks can sometimes make mistakes, but don't try to convince the court you were licensed on March 1st, but obtained a valid license on March 25th for the court date on June 12th.
 
My license at the time was active and had no points or anything. I have my driving record that says that ive had a license since 09, the receipt stating that i ordered a duplicate which shows that i previously had a license issued because it is a requirement for the duplicate, and also my doctor gave me a copy of my license that he had on file and it was a license issued before i was pulled over.
 
I doubt the court will care to see a photocopy of your license. You should have gotten it replaced by now.

If not then maybe you should get a certified abstract of your driving record to show that you have a license.
 
Highwayman said:
I doubt the court will care to see a photocopy of your license. You should have gotten it replaced by now.

If not then maybe you should get a certified abstract of your driving record to show that you have a license.
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I received the duplicate long ago but on this one it says it was issued after i was stopped, so hopefully the license record i purchased through dmv will work, it's an uncertified copy though, i ordered the certified copy last friday and it has not gotten here yet, don't think it will get here in time.
 
bojangles said:
I received the duplicate long ago but on this one it says it was issued after i was stopped, so hopefully the license record i purchased through dmv will work, it's an uncertified copy though, i ordered the certified copy last friday and it has not gotten here yet, don't think it will get here in time.
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The court can access your entire driving history quite easily.
Copies of your driving record that aren't CERTIFIED are as useless as you drawing a facsimile of your drivers license on butcher paper.

If your license was revoked, suspended, or expired at THE TIME you were cited, you weren't driving lawfully; even if your original license had been issued in 1940!!!

I've seen what happens to defendants who tried to pull the wool over a judge's eyes, my eyes specifically. The interaction wasn't pretty, and many defendants were jailed anywhere between 48-96 hours on contempt of court charges while the district attorney prepared a couple felony charges. Bottom line, don't try to snooker a judge, most of us can be real aXXholes when anyone deceives the criminal justice system and the courts.
 
bojangles said:
I received the duplicate long ago but on this one it says it was issued after i was stopped, so hopefully the license record i purchased through dmv will work, it's an uncertified copy though, i ordered the certified copy last friday and it has not gotten here yet, don't think it will get here in time.
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All you can do is go to court with what you've got or ask for a continuance. Understand that you likely have to file a written motion for continuance showing proper grounds for asking and then follow up to make sure it's been granted. And don't rely on phone calls. If you don't get a written confirmation of the rescheduling, go visit the court to follow up and get the new date in writing. Otherwise show up on the originally scheduled date no matter what.
 
Courts here have a direct tie in to the DMV. Of course this may vary from state to state but no court that I know of has any easy way to get out-of-state license information. I think the certified abstract is the OP's best bet.
 
Highwayman said:
Courts here have a direct tie in to the DMV. Of course this may vary from state to state but no court that I know of has any easy way to get out-of-state license information. I think the certified abstract is the OP's best bet.
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I'm guessing, but I suspect there was some type of action (maybe nonaction) being done (maybe already done) towards the license, maybe it was revoked, suspended, or simply had expired.

As you know, if the computers are functioning, the officer who effected the traffic stop can get a great amount if detail himself/herself on the in car computer, or via dispatch.

If a driver had forgotten to carry the license, but the license was otherwise valid, the situation could probably have been handled by sending proof to the court without having to appear.
 
Disabled Vet said:
I thought they tied the state driving records together when the CDL requirements went into effect.
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That would have no effect on this situation.

I am guessing that perhaps a middle initial may have been an issue. If I'm dealing with an out-of-state license holder my options for checking the license are relatively limited - I need an exact name as it appears on the license and the correct DOB. If it's a NY license holder I can do a "group search" which is much more forgiving.

If it was called in via radio, it is possible that the dispatcher used the wrong sex for the inquiry. I had that happen to me once - the motorist I had stopped had no license with her and a computer check revealed no license so I impounded her car. I later found out that the dispatcher ran her as a male instead of a female and that why there was no hit on having a valid license. That's why I prefer to have a computer in my vehicle so I can do it myself.
 
Highwayman said:
That would have no effect on this situation.

I am guessing that perhaps a middle initial may have been an issue. If I'm dealing with an out-of-state license holder my options for checking the license are relatively limited - I need an exact name as it appears on the license and the correct DOB. If it's a NY license holder I can do a "group search" which is much more forgiving.

If it was called in via radio, it is possible that the dispatcher used the wrong sex for the inquiry. I had that happen to me once - the motorist I had stopped had no license with her and a computer check revealed no license so I impounded her car. I later found out that the dispatcher ran her as a male instead of a female and that why there was no hit on having a valid license. That's why I prefer to have a computer in my vehicle so I can do it myself.
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Every police, constable, marshal, and sheriff car in our county is equipped with an in car computer. I've long advocated for that, plus each officer is issued a smartphone that allows access to NCIC, state databases, and local databases for warrants and records checks. Our county wide unserved warrants went down by 40% in the first full year of use.

It's extremely cost effective, and we were able to negotiate very good rates with two of the largest mobile providers for airtime access, adding the other two large carriers last year.

A survey revealed that officers feel safer and more empowered by the technology. We also created a countywide dispatch (911) system for fire, EMS, and police. The state troopers, game wardens, and TABC, Texas Rangers, and US Marshals regularly use it for requesting backup and notifications. The most amazing thing is a fingerprint can be taken and sent right from the scene for identification.

What happened after the car was impounded mistakenly?
Any blowback from the motorist?
 
army judge said:
What happened after the car was impounded mistakenly?
Any blowback from the motorist?
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Oddly enough, no. She went to trial on the original charge (speeding? I forget) and the unlicensed operator ticket had already been dismissed upon her showing proof. Had a "normal" hearing and she never even mentioned to the judge that her vehicle was towed (although it would have been irrelevant anyway). She was found guilty and went on her way.

If I remember correctly, at the time of the stop she had some form of photo identification from her employer which was not legally sufficient identification and I had advised her at the time that she could be arrested and that technically I shouldn't be issuing her the tickets. I told her I was doing her a favor by not locking her up. Maybe she took that all to heart and when she thought of the trouble she COULD have had (anywhere from 12 to 24 hours in Bronx Central Booking) she was grateful for just getting her car towed!
 
Highwayman said:
Oddly enough, no. She went to trial on the original charge (speeding? I forget) and the unlicensed operator ticket had already been dismissed upon her showing proof. Had a "normal" hearing and she never even mentioned to the judge that her vehicle was towed (although it would have been irrelevant anyway). She was found guilty and went on her way.

If I remember correctly, at the time of the stop she had some form of photo identification from her employer which was not legally sufficient identification and I had advised her at the time that she could be arrested and that technically I shouldn't be issuing her the tickets. I told her I was doing her a favor by not locking her up. Maybe she took that all to heart and when she thought of the trouble she COULD have had (anywhere from 12 to 24 hours in Bronx Central Booking) she was grateful for just getting her car towed!
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It never hurts to throw a little honey instead of lemon juice.
Good ending to a good deed.
 

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