Can a LEO take a person's drivers license

[Guest Field Boss]

I was talking to a person Wed. Dec. 15. He told me that the Estill Springs, TN Police took his drivers license for having a high beam headlight out. Made the guy park the car and told him he would return the drivers license, when he showed proof that the car had been fixed.

Does the officer have the authority to take a person's license. This man was born and raised here in this county, a property owner and never been arrested and has never been a problem for anyone.

[Guest TargetShooter84]

LEO's can do whatever they want to do.

Therefore, yes.

[macville]

LEO's can do whatever they want to do.

Therefore, yes.

Not quite. Anyone can do whatever they want. The question is wither or not it is legal do to where they are. I can understand giving a ticket for having a headlight out-although, a high beam is a stretch since your normal headlights are working. However, I am unaware that a LEO could take your license without due process, and normally that would involve a DUI or something else dangerous car related.

Matthew

[RobertNashville]

I would say that the officer definetly exceeded his authority.

I'm not an attorney nor have a stayed at a Holiday Inn Express recently but to the best of my knowledge, no LEO in the State of Tennessee has the authority to simply take a person's license; that is only for the State to do AFTER there has been some due process involved (there may be an exception for DUI but I'm not sure).

That said, the office probably would have the authority to have the car impounded and towed and the driver issued a ticked to boot so the "taking the license", even if illegal, might be considered a bit of a favor compared to what the officer could have done.

Now, when it comes to other states...it's a different story. In Illinois they do (or at least they did when I lived there) take your license when they issue a traffic ticket and you get your license back when you pay the fine (the ticket proves you have a valid license until you have your actual license back).

[Reservoir Dog]

LEO's can do whatever they want to do.

Therefore, yes.

Cop bashing in only the second post. What a surprise. :-\

[TNRobocop]

Yes I take them all the time....

Using Due Process:

For Suspended, Expired, or Revoked status.

I also take license plates that do not belong to the vehicle it is affixed to.

I fill out a form that they sign, give them a copy of the form that is their receipt, then I send the tags or license back to the state with the other copies of the form.

[Guest 85rx-7gsl-se]

Estill Springs is a known speedtrap with some creative and possibly illegal techniques...At least that is the impression I got from locals when I used to live in nearby Manchester.

[Guest Old goat]

I've had mine taken once, about 25 years ago, for failure to come to a complete stop. Gave me the ticket, kept my license til I paid the fine. That was THP, and the only time they have kept them.

[Guest clownsdd]

Cop bashing in only the second post. What a surprise. :-\

I don't see that as "cop bashing". It's a good statement. When an leo pulls you over, it is your responsibility to comply with his/her instructions. Taking it up on the street or arguing could get you deeper in trouble and lead to your arrest. Take it up thru the courts and file a complaint with the department.

[Glock30]

Fair question: If you are without your physical driver's license, is it illegal to drive? (I believe it's called driving without a license.)

Here's why I ask: Could the guy just go to the DMV and report his id "lost" and have another copy made? Does the cop taking the driver's physical driver's license automatically construe a revoked license? Just where are the boundaries? I'm hoping either the LEOs or perhaps expert counsel can clarify.

[Guest Old goat]

I was told I could drive on the ticket til I got them back, guess it was legal.

[Guest Field Boss]

The officer did not tell the person that he could drive the car legally by using the ticket for proof of a drivers license. He made an arrangement with a neighbor to go retrieve the car and replace the headlight. He has the thought that he can not drive car back to Estill Springs to show that the car has been fixed for the fear that he will get a ticket for driving without a drivers license. He is paying the Frankln County transportation $12.50 per day for trans. for a job that does not pay well. It almost a hardship case. Just for a headlight being out on the highbeam.

[VERO1]

Why doesn't he just call Estill Springs P.D. or S.O. and ask for chief or sheriff, and ask them how exactly he is supposed to handle the situation?

[Pain103]

A LEO can take your driver's license in lieu of bail for traffic offenses. Most places have long since stopped that practice. TCA 55-50-801 is the code the gives the ability to cities and other governments to allow it. Most municipalities have the option of taking license in lieu of bail in their ordinances. Don't jump the gun and assume he is abusing his authority because you are unaware of the law. Michie keyword search can solve the problem quickly.

[Guest Field Boss]

He is as country as cornbread and very humble. Wants to be a good citizen. I think that they are having big laugh at his expense. I have recommended to him to go talk to the judge.

[JayC]

A LEO can take your driver's license in lieu of bail for traffic offenses. Most places have long since stopped that practice. TCA 55-50-801 is the code the gives the ability to cities and other governments to allow it. Most municipalities have the option of taking license in lieu of bail in their ordinances. Don't jump the gun and assume he is abusing his authority because you are unaware of the law. Michie keyword search can solve the problem quickly.

Sounds like yet another wonderful law that needs to be repealed

[Guest 85rx-7gsl-se]

A LEO can take your driver's license in lieu of bail for traffic offenses. Most places have long since stopped that practice. TCA 55-50-801 is the code the gives the ability to cities and other governments to allow it. Most municipalities have the option of taking license in lieu of bail in their ordinances. Don't jump the gun and assume he is abusing his authority because you are unaware of the law. Michie keyword search can solve the problem quickly.

I am by no means an expert on traffic citations procedures or laws but it appears that the driver has the option to deposit the license or pay a security according to that statute:

55-50-801. Municipalities and counties authorized to grant option. —

Whenever any person lawfully possessed of a chauffeur's or operator's license theretofore issued by the department, or under the driver licensing laws of any other state or territory or the District of Columbia, is issued a citation or arrested and charged with a violation of any municipal ordinance or state statute regulating traffic, except those ordinances and statutes, the violation of which calls for the mandatory revocation of an operator's or chauffeur's license for any period of time, in a municipality having a city court or a county having a general sessions court, the municipality may by ordinance and the county may by resolution of its county legislative body, allow the person to have the option of depositing the chauffeur's or operator's license with the officer or court demanding bail in lieu of any other security required for appearance in any court of the municipality or county in answer to the charge before the court.

[vontar]

One, this should probably be moved out of News.

Second, Just wow, I did not know that. I have heard of people being given fix it tickets but never heard of anyone's license being taken over a repair item ever, not even for a speeding ticket.

[Guest 85rx-7gsl-se]

And according to this they should have gave him a receipt that will serve as a temporary driving permit:

55-50-802. Receipt for license — Operation of motor vehicle during pendency of case. —

Whenever any person deposits a chauffeur's or operator's license as provided, either the officer or the court demanding bail as described in § 55-50-801 shall issue the person a receipt for the license upon a form approved or provided by the department, and thereafter the person shall be permitted to operate a motor vehicle upon the public highways of this state during the pendency of the case in which the license was deposited. The receipt shall be valid as a temporary driving permit for a period not less than that provided in § 55-50-726(, and shall state the period of validity on its face.

Like I said I am no expert and maybe we arent getting all the facts but in the current case it doesnt seem like that statute would allow the officer to just take the license. There may very well be another statute though that would allow it.

[vontar]

This whole section should be repealed.

Because so many places use the drivers license as ID, and in many cases it is someone's only photo ID.

What is this person needed some Medicine that actually requires a Photo ID to obtain? He could be with out his medicine as well. What if he was needing to cash his pay check and needed photo ID? Taking this can really put a hurting on a person in so many other areas.

[Guest 85rx-7gsl-se]

Well it looks like according to that section it is only an option they can offer to a person rather than placing a security deposit with the court Vontar so I guess unless they couldnt pay the bail there is no reason they would physically give up there license except by choice.

[vontar]

sounds like in this case the person may not have been given the choice.

I know no one is prefect, heck I can't even walk on frozen water, but perhaps that is not a judgment call that should be left with a LEO on the side of the road. Just write the ticket and sent the person on their way or arrest them depending on the situation.

[Guest 85rx-7gsl-se]

Oh I agree. I am not sure of the legitimacy of the current case. If he really did just take the license then the previously cited statute would not authorize that sort of behaviour. I agree that taking someone's license is overboard for anything short of something that triggers an automatic revocation.

[Guest 731david]

A LEO can take your driver's license in lieu of bail for traffic offenses. Most places have long since stopped that practice. TCA 55-50-801 is the code the gives the ability to cities and other governments to allow it. Most municipalities have the option of taking license in lieu of bail in their ordinances. Don't jump the gun and assume he is abusing his authority because you are unaware of the law. Michie keyword search can solve the problem quickly.

See there...a cop can do whatever they want...LOL..

[GhstFace38]

I only seize suspended/ revoked/ cancelled DL's after issuing the driver a misdemeanor citation. Other than that instance I've never seized one... Nor would I.