Ok, Kent...
Reg
location: back to the wilderness
listening to: static
registered: 1999.11.22
Hi Kent,
Well, he was arrested for operating with a suspended license. He had drove his girlfriend home and got stopped for making a right on red, where I guess he was not supposed to. No booze or drugs involved. Simple as that. The cops cuffed him on the spot. At the trial the judge said she would have no leniency in the matter. His license was suspended because during a previous arrest he refused a breathalyzer test, which results in an automatic suspension of your drivers license. Here's the catch though: While he was not found guilty of O.U.I. the court made him surrender his license to them for refusing the breath test. The court does not communicate with the DMV and therefore the DMV does not know that his license was turned over to them. The DMV does not start the clock ticking on the suspension until they have the license. When he forfeited the license to the court he thought the suspension had begun. When the court mailed the license back to him after the three months had passed he assumed it had been reinstated. The DMV still showed the license to be suspended though, because he never turned it over to them or notified them that the court had taken his license. The DMV still wanted the license turned over to them for three months. They don't pass this information along to you during the process and he just went back to driving when his license arrived in the mail.
Now, why they have to physically have the driver's license is beyond me. It's suspended and if you get stopped driving with a suspended license the punishment is 60 days. Which I would think would be incentive enough not to do it. That's how he ended up in the house of correction. I'll admit my brother has had his issues but he has over the last 10 months turned his life around and was doing great. This incident has deeply depressed him though and the treatment he's getting where he's at is certainly of no help. I'm just hoping he can get through this and keep his shit together. He does not like the idea of the DNA sample and the fact that the paperwork says they may use force to take it. Here's what I don't understand about that...if armed guards can use force to get a DNA sample from you, how does the 12 months for refusing it come into play? So they restrain you, take the sample, and then give you 12 more months in the hole for resisting? The whole damn thing just seems odd.
So there you go Kent. What do you think?
Reg
–--
'The only way to avoid getting crushed by absurdity, is to humbly include the absurd in our calculations.'
Reg
(view)
Hi Kent,
Well, he was arrested for operating with a suspended license. He had drove his girlfriend home and got stopped for making a right on red, where I guess he was not supposed to. No booze or drugs involved. Simple as that. The cops cuffed him on the spot. At the trial the judge said she would have no leniency in the matter. His license was suspended because during a previous arrest he refused a breathalyzer test, which results in an automatic suspension of your drivers license. Here's the catch though: While he was not found guilty of O.U.I. the court made him surrender his license to them for refusing the breath test. The court does not communicate with the DMV and therefore the DMV does not know that his license was turned over to them. The DMV does not start the clock ticking on the suspension until they have the license. When he forfeited the license to the court he thought the suspension had begun. When the court mailed the license back to him after the three months had passed he assumed it had been reinstated. The DMV still showed the license to be suspended though, because he never turned it over to them or notified them that the court had taken his license. The DMV still wanted the license turned over to them for three months. They don't pass this information along to you during the process and he just went back to driving when his license arrived in the mail.
Now, why they have to physically have the driver's license is beyond me. It's suspended and if you get stopped driving with a suspended license the punishment is 60 days. Which I would think would be incentive enough not to do it. That's how he ended up in the house of correction. I'll admit my brother has had his issues but he has over the last 10 months turned his life around and was doing great. This incident has deeply depressed him though and the treatment he's getting where he's at is certainly of no help. I'm just hoping he can get through this and keep his shit together. He does not like the idea of the DNA sample and the fact that the paperwork says they may use force to take it. Here's what I don't understand about that...if armed guards can use force to get a DNA sample from you, how does the 12 months for refusing it come into play? So they restrain you, take the sample, and then give you 12 more months in the hole for resisting? The whole damn thing just seems odd.
So there you go Kent. What do you think?
Reg
–--
'The only way to avoid getting crushed by absurdity, is to humbly include the absurd in our calculations.'
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