# Why an arrest for license suspension? **URL:** \ **Category:** Factual Questions\ **Created:** [December 6, 2007, 7:17pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060 "2007-12-06T19:17:19Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Emilio\_Lizardo](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Emilio\_Lizardo](https://boards.straightdope.com/u/Emilio_Lizardo)\ **Post date:** [December 7, 2007, 1:22pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/21 "2007-12-07T13:22:55Z")
[QUOTE=EJsGirl] There seem to be a lot of people in this thread who remain blissfully unaware when they receive parking tickets [/QUOTE] Well, in my case, I am the registered owner of the car, but my wife does most of the driving. So I get the fines for her tickets. As to adminitrative issues, I don’t find it hard to believe that someone might not get the notice of, say, a renewal or a needed inspection. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 7, 2007, 1:48pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/22 "2007-12-07T13:48:38Z")
One’s license can be suspended for any number of things, including a failure to pay child support. [A somewhat dated _Wired_ article on why governments like to suspend licenses.](http://www.wired.com/wired/archive/2.02/dmv.html) I’ll add that I’ve heard of people getting a “written arrest” which is a ticket with a manditory court date attached. ---
**Author:** ![SmackFu](https://avatars.discourse-cdn.com/v4/letter/s/53a042/32.png) [@SmackFu](https://boards.straightdope.com/u/SmackFu)\ **Post date:** [December 7, 2007, 1:54pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/23 "2007-12-07T13:54:55Z")
The problem is that people don’t take a license suspension seriously in the first place. They just say “well, I NEED to drive, so I’ll just drive more safely, and won’t get pulled over, and no one will know.” ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 7, 2007, 2:00pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/24 "2007-12-07T14:00:15Z")
[QUOTE=SmackFu] The problem is that people don’t take a license suspension seriously in the first place. They just say “well, I NEED to drive, so I’ll just drive more safely, and won’t get pulled over, and no one will know.” [/QUOTE] Of course, in places _without_ mass transit, it’s kind of hard to get around if you don’t drive. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [December 7, 2007, 2:24pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/25 "2007-12-07T14:24:00Z")
[QUOTE=Acid Lamp] since this thread seems to be anecdotal in nature, I’ll add my two cents that I heard from a friend who is a cop. Most of the arrests for this offense are due to the above stated “thumbing your the nose at the law”. The fact is that MOST people on suspended permits got that way from DUI, Accident or drug infractions. If you turn up driving erratically, and have a suspended license, It’s an excuse to tow your vehicle and go fishing for a better charge. FWIW, he says that in his dept if they don’t find anything, they don’t hold the offenders and just impound the vehicles and send them home with a court date. [/QUOTE] In my experience most (the vast majority) of suspensions are for administrative reasons. Mostly for failure to pay surcharges. Every once and a while I get a suspended driver who lost it for something major like a DWI. I find it very odd that some states arrest for driving while suspended. I just write a ticket and you have to come into court to answer it. For multiple offenders there is mandatory jail time if convicted. We’re not supposed to tow the car either. It is possible to get a motor vehicle warrant but it is a pain in the ass. You have to justify why you think the guy won’t show up in court. It’s easier to just write the ticket and have the judge issue a warrant if he doesn’t show up. ---
**Author:** ![miamouse](https://avatars.discourse-cdn.com/v4/letter/m/ad7895/32.png) [@miamouse](https://boards.straightdope.com/u/miamouse)\ **Post date:** [December 7, 2007, 3:27pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/26 "2007-12-07T15:27:02Z")
[QUOTE=EJsGirl] There seem to be a lot of people in this thread who remain blissfully unaware when they receive parking tickets. 😕 [/QUOTE] Spouses drive cars too. Sometimes they don’t want to get in trouble for not throwing a quarter in the meter. Yes, I realize how shortsighted he is. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [December 7, 2007, 3:52pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/27 "2007-12-07T15:52:24Z")
[QUOTE=Tuckerfan] Of course, in places _without_ mass transit, it’s kind of hard to get around if you don’t drive. [/QUOTE] Well, boo hoo. Maybe people should think of what could happen if they break the law BEFORE they break the law, instead of playing the victim AFTER they break the law. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [December 7, 2007, 4:17pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/28 "2007-12-07T16:17:11Z")
[QUOTE=Emilio Lizardo] but I wonder if the law makes a distinction for licenses revoked for administrative reasons, such as non-payment of parking tickets, which seems like a minor thing to be tossed in the clink for, especially given how poor the MVA can be about notification of such things. [/QUOTE] That’s how it works in Canada. Driving while disqualified is a criminal offence: [Criminal Code, s. 259(4)](http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_VIII::bo-ga:l_IX//en?page=6&isPrinting=false#codese:259-ss:_4_). However, sub-section 259(5) then defines “disqualified”: > [@](#): > > (5) For the purposes of this section, “disqualification” means > (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1) **[mandatory order of prohibition following conviction for impaired driving]**, (2) **[discretionary order of prohibition upon conviction of other criminal offences involving use of a motor vehicle]** and (3.1) to (3.4) **[mandatory orders of prohibition following convictions for street racing or use of a motor vehicle cause bodily harm or death]**; or > > (b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed > > INDENT in the case of a motor vehicle, under the law of a province, or > > (ii) in the case of a vessel or an aircraft, under an Act of Parliament, > > in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4).[/INDENT] So, the offence only relates to disqualifications imposed as part of the penalty for conviction of criminal offences relating to use of a motor vehicle, not to administrative issues such as failure to renew a driver’s licence. in fact, the Supreme Court of Canada has held that the federal Parlianent is constitutionally barred from criminalising driving while suspended for adminstrative reasons under provincial law: _Boggs v. The Queen_, [1981] 1 S.C.R. 49. ---
**Author:** ![Darth\_Nader](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Darth\_Nader](https://boards.straightdope.com/u/Darth_Nader)\ **Post date:** [December 8, 2007, 2:06am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/29 "2007-12-08T02:06:05Z")
[QUOTE=Emilio Lizardo] I have heard that theory posited on this very board. [/QUOTE] Then again, perhaps the bigger fear is that one such as yourself might mount a vehicle on rails and run it straight into a wall as part of some sort of diabolical experiment. I’m probably wrong, though. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 8, 2007, 2:19am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/30 "2007-12-08T02:19:16Z")
[QUOTE=Annie-Xmas] Well, boo hoo. Maybe people should think of what could happen if they break the law BEFORE they break the law, instead of playing the victim AFTER they break the law. [/QUOTE] Hmm, let’s see pay car insurance or buy food? Tough choice there (and one that many people have to make). Also, in many states if you _don’t_ have car insurance, it doesn’t matter if the person who hit you is at five times the legal limit for alcohol, doing lines of coke off Doogie Howser’s ass, talking on the cellphone, and watching the in-car entertainment system, _you’re_ at fault. Of course, you obey _all_ laws _all_ the time, and never forget to mail out a payment and have _never_ had a screw up of any kind happen with anything, right? ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [December 8, 2007, 2:41am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/31 "2007-12-08T02:41:27Z")
[QUOTE=Tuckerfan] Also, in many states if you _don’t_ have car insurance, it doesn’t matter if the person who hit you is at five times the legal limit for alcohol, doing lines of coke off Doogie Howser’s ass, talking on the cellphone, and watching the in-car entertainment system, _you’re_ at fault. [/QUOTE] Seriously? I’ve never heard of such a thing. Cite, please? I’m curious. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 8, 2007, 2:58am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/32 "2007-12-08T02:58:30Z")
[QUOTE=Ravenman] Seriously? I’ve never heard of such a thing. Cite, please? I’m curious. [/QUOTE] That’s the law here (at least according to the cops I’ve spoken to). I’ve tried searching the [TN government site](http://www.tennessee.gov/) for the actual laws on the matter, but everything’s in PDF format, and I’m _not_ digging through all the ones that have shown up on searches to see which one contains the actual text of the law to find out if that’s correct or not. ---
**Author:** ![Alice\_The\_Goon](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Alice\_The\_Goon](https://boards.straightdope.com/u/Alice_The_Goon)\ **Post date:** [December 8, 2007, 5:23am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/33 "2007-12-08T05:23:32Z")
They recently got a lot stricter on these laws around here. Now if you’re caught driving on a suspended license or without insurance, you automatically go downtown and your car is towed. When your area has 50 percent of drivers without insurance, and it’s mandatory, you gotta crack down. ---
**Author:** ![BMalion](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@BMalion](https://boards.straightdope.com/u/BMalion)\ **Post date:** [December 10, 2007, 2:10pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/34 "2007-12-10T14:10:55Z")
[QUOTE=Tuckerfan] Hmm, let’s see pay car insurance or buy food? … [/QUOTE] When I was in that situation, I bought food and took the bus. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 10, 2007, 6:47pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/35 "2007-12-10T18:47:38Z")
[QUOTE=BMalion] When I was in that situation, I bought food and took the bus. [/QUOTE] And if you noticed, I was talking about situations where mass trans was **not** available. ---
**Author:** ![Zsofia](https://avatars.discourse-cdn.com/v4/letter/z/7bcc69/32.png) [@Zsofia](https://boards.straightdope.com/u/Zsofia)\ **Post date:** [December 10, 2007, 6:58pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/36 "2007-12-10T18:58:17Z")
[QUOTE=Annie-Xmas] Well, boo hoo. Maybe people should think of what could happen if they break the law BEFORE they break the law, instead of playing the victim AFTER they break the law. [/QUOTE] Around here, at least, any very unhappy looking person on a motor scooter is there because they got their license suspended. You can kinda tell the difference between people choosing to drive a scooter and people who have no choice. Generally it’s the scowl. ---
**Author:** ![BMalion](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@BMalion](https://boards.straightdope.com/u/BMalion)\ **Post date:** [December 10, 2007, 9:21pm UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/37 "2007-12-10T21:21:59Z")
[QUOTE=Tuckerfan] And if you noticed, I was talking about situations where mass trans was **not** available. [/QUOTE] So, you are talking about when someone lives in a place that’s say, more than a 2 hour walk from a bus line, they have a supended license and yet still have job, own a car, but cannot afford to pay the insurance, because their budget is rent, heat, food and gasoline. No cigarettes, movies, cable, internet hook-ups or new clothing. is that about right? ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [December 11, 2007, 1:50am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/38 "2007-12-11T01:50:13Z")
And if it is, and you go ahead and choose to take the risk, then you accept the consequences for your choice and don’t bitch about it, I guess. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [December 11, 2007, 8:10am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/39 "2007-12-11T08:10:24Z")
FWIW, driving on a suspended license in Florida is only a criminal offense if the person _knows or should have known_ the license is suspended. Sometimes people have their license suspended because of insurance screw ups or even for unpaid tickets–which they didn’t necessarily know about (traffic cams, etc). In those cases, it is not a criminal offense, just an additional traffic infraction. However, driving on a license that you know is suspended is criminal. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 11, 2007, 11:09am UTC](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060/40 "2007-12-11T11:09:50Z")
[QUOTE=BMalion] So, you are talking about when someone lives in a place that’s say, more than a 2 hour walk from a bus line, they have a supended license and yet still have job, own a car, but cannot afford to pay the insurance, because their budget is rent, heat, food and gasoline. No cigarettes, movies, cable, internet hook-ups or new clothing. is that about right? [/QUOTE] More or less. For example, where I live it’d probably take me about 4 hours to get to a bus line, and many places I’ve worked, the bus line _doesn’t_ run. Of course, you can spin it however you want, but for a good portion of Americans mass transit isn’t possible. This doesn’t mean that they should get a pass when they’re busted for driving with a suspended license, but it _does_ mean that one shouldn’t automaticaly assume that a person who’s driving on a suspended license is doing it because they think they’re “above the law.” I think we can all agree that this country would be better off with _more_ mass transit. [Previous page](https://boards.straightdope.com/t/why-an-arrest-for-license-suspension/429060.md?page=1)