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Can an officer keep your license before you even go to court? |
I'm running straight headers on my bike and when I accelerate it sounds like I'm going alot faster than I really am. Coming off of a stop light, I was pulled over and ticketed for reckless driving and was told to go to court . . . on my way home, I realized that he didn't give me my license back. I called the PD and was informed that they hold the license until I go to court. It seems like they wouldn't be able to punish me before I go to court. Double Jeopordy? do not be fooled by the ones on here that are telling you that it is double jeopardy, the officer is not dealing out the punishment by taking your license, but that is the policy for reckless driving, to take the license of the suspect. When you go to court the judge will hand down the punishment. It is just the officers job to enforce the law, not hand out the consequences. Yes, if he gets you on a DUI yes. Reckless driving is considered as heinous a crime as drunk driving. Some states require that the officer confiscate your driver's license and turn it in to the DMV until you've been to court AND until you have a DMV hearing. And double jeopardy is being tried twice for the same crime. You are just being restricted from driving until you appear. I have to agree with Blue Steel & Lace. If you left the scene without realizing your licence had not been returned, you were obviously not paying enough attention to what you were doing. If speed was the issue, you would have been ticketed for speeding, not reckless driving. BTW, You can't 'sound like you are going faster than you are'. You don't 'sound like' you are going any speed. In most states, yes, depending on the offense. In most states you generally can drive pending court decision so long as you have he original ticket on you. But, to be sure, contact a lawyer where you got the ticket. Depending on the State, but most hold your license for the more serious offenses. Look on the back of your copy of the ticket, there should be something printed stating that the ticket will substitute as your license until your court date. Nothing to do with double jeopardy. |
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