Info from a cop friend as per the drivers license confiscation process during traffic stops in IL
10-10-2008, 08:20 PM
#22
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Not often. Not having your license with you is not solved by having it in court, as you are not
being accused of not being licensed, but just not having your license on you as required to operate a vehicle.
I wouldn't recommend that move.
Mike S
I wouldn't recommend that move.
Mike S
10-11-2008, 05:23 AM
#23
that stinks - I must have gotten lucky then! Good to know. So, you can go to the station that same
PM and post cash bond to get your DL back?
I carry a AAA+ card for this very reason.
Oh, and I own a B5 S4 so my 3 tows/year don't get me too far
I carry a AAA+ card for this very reason.
Oh, and I own a B5 S4 so my 3 tows/year don't get me too far
10-11-2008, 06:35 AM
#24
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Not the case here - good beer story though
Look
Whatever your cop friend says, if you insist on an Ibond to a trooper, you are going to get one. Not 'wanting' to do paperwork, doesn't mean he has the right to take your license. It's not his choice to take your license, it's your choice to give it to him in lieu of an Ibond or some other form of assurance.
In Peters case, the State Trooper issued ticket had 8 choices in the "Bond" section.
1 Cash (full amount) or (10%)
2 IL DL
3 Bond Card
4 IBond
5 Jail (er, no Bond)
6 Notice to appear
7 Promise to Comply
8 Individual Bond (Full Amount)
A cop 'preference' is exactly the story you got. That's different than a cop *right*. Duplicate DL in IL is *not* illegal if there is no change to the duplicate. IL *could* close this loophole pretty easily if they wanted to. They haven't yet.
Me, I have no insurance bond card. I will not post my license as bond, as that's my right. To try to say a cop friend says it's his preference, does not make it his right.
Unlike your story over beers, I paid for this good legal advice from a traffic attorney from the Court side of the table.
SJ
Whatever your cop friend says, if you insist on an Ibond to a trooper, you are going to get one. Not 'wanting' to do paperwork, doesn't mean he has the right to take your license. It's not his choice to take your license, it's your choice to give it to him in lieu of an Ibond or some other form of assurance.
In Peters case, the State Trooper issued ticket had 8 choices in the "Bond" section.
1 Cash (full amount) or (10%)
2 IL DL
3 Bond Card
4 IBond
5 Jail (er, no Bond)
6 Notice to appear
7 Promise to Comply
8 Individual Bond (Full Amount)
A cop 'preference' is exactly the story you got. That's different than a cop *right*. Duplicate DL in IL is *not* illegal if there is no change to the duplicate. IL *could* close this loophole pretty easily if they wanted to. They haven't yet.
Me, I have no insurance bond card. I will not post my license as bond, as that's my right. To try to say a cop friend says it's his preference, does not make it his right.
Unlike your story over beers, I paid for this good legal advice from a traffic attorney from the Court side of the table.
SJ
10-11-2008, 07:31 AM
#25
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I am not a lawyer. I am simply relaying what I was told by a 30 year IL state cop. As for your
contention as to duplicate license, at least when I went to do this I had to sign a from stating that I was not replacing my license due to it being held by an authority or something similar.
Additionally, as others have explained their experience here, none of us other than you seem to have had their license destroyed when taken by a cop. On the contrary, all seem to have had theirs returned.
It appears you are an attorney. Is that the case? So it is your legal advice to demand an I-Bond or PR Bond and not turn over your license as that is a drivers right within IL law?
If so, you might be getting a lot of people coming to you to get them out of their legal issues regarding this advice.
Mike S
Additionally, as others have explained their experience here, none of us other than you seem to have had their license destroyed when taken by a cop. On the contrary, all seem to have had theirs returned.
It appears you are an attorney. Is that the case? So it is your legal advice to demand an I-Bond or PR Bond and not turn over your license as that is a drivers right within IL law?
If so, you might be getting a lot of people coming to you to get them out of their legal issues regarding this advice.
Mike S
10-11-2008, 07:57 AM
#26
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So observant, "homeslice". But it ties into this as he seems concerned w/the $90 AAA (edit)
card to prevent the issue he came to AW to post about, but not about his insurance rates going up.
Finding $90 expensive for a service that prevents time loss (he said 10 minutes total, but also stated here it took two visits, as he went the day before and gave up as the SOS was too busy) and a duplicate license fee, as well as prevents him from breaking the law, seems odd to me.
Therefore, I am surprised he doesn't get bothered by his insurance rates going up due to all the tickets he apparently receives, per his own posts. The fact that his rates are going down is irrelevant, as even he acknowledged they'd likely be going down more. His insuring his car(s) through his GF is why he states his insurance is likely cheaper. Hope he can keep his cars under her insurance, as if he gets rated alone for some reason, he'll see far more than a $90 increase due to multiple tickets.
As for your spoiler posts, it was you who came in to lecture me about spoilers. You're the apparent expert. I simply pointed out that unlike the Cubs, Pobst had much to win that weekend and anyone who knows or cheers for Pobst knew that.
Oh, and that race I supposedly spoiled eight days ago (when I didn't list the result of the race), it will be on in five days this coming Wednesday on Speed at 12pm Chicago time.
Yes, almost two weeks post event via a race with about 165,000 viewers on TV. You know, the race I didn't post the result of?
Yet very many here know you are a Cubs fan and you choose to post an obvious "W", alone, in your subject line very often this year, usually right after the respective cubs game was over. Did you ever think that perhaps, "homeslice", many of the 25 million plus viewers of Cubs games might not want to know the result and may have wanted to watch the game on Tivo or similar?
Sure, millions don't look here and get the result ruined, but far more look here and could have their Cubs game dashed vs Speed World Challenge fans.
Besides, I didn't give the result of the race, I simply stated that Pobst clinched the championship. It's no different than not giving the result of a baseball game, but saying that a certain player set a season record during a game.
It's ok, though. If you want to be a hypocrite and slam me for something I did once, not even telling the result, versus your doing far more often and egregiously ruining the result for others, go ahead. Par for the course.
Go ahead an tee off on me for pointing out the facts.
Your hypocrisy here in writing about a spoiler debate from eight days ago in a post regarding a ticket issue proves my point again. Accuse someone of a spoiler when you "spoiled" Cubs results here practically weekly for years and then accuse someone of being off-topic in regards to another ticket issue, but you bring a sports spoiler issue over a week old into this post. Nice.
Mike S
Finding $90 expensive for a service that prevents time loss (he said 10 minutes total, but also stated here it took two visits, as he went the day before and gave up as the SOS was too busy) and a duplicate license fee, as well as prevents him from breaking the law, seems odd to me.
Therefore, I am surprised he doesn't get bothered by his insurance rates going up due to all the tickets he apparently receives, per his own posts. The fact that his rates are going down is irrelevant, as even he acknowledged they'd likely be going down more. His insuring his car(s) through his GF is why he states his insurance is likely cheaper. Hope he can keep his cars under her insurance, as if he gets rated alone for some reason, he'll see far more than a $90 increase due to multiple tickets.
As for your spoiler posts, it was you who came in to lecture me about spoilers. You're the apparent expert. I simply pointed out that unlike the Cubs, Pobst had much to win that weekend and anyone who knows or cheers for Pobst knew that.
Oh, and that race I supposedly spoiled eight days ago (when I didn't list the result of the race), it will be on in five days this coming Wednesday on Speed at 12pm Chicago time.
Yes, almost two weeks post event via a race with about 165,000 viewers on TV. You know, the race I didn't post the result of?
Yet very many here know you are a Cubs fan and you choose to post an obvious "W", alone, in your subject line very often this year, usually right after the respective cubs game was over. Did you ever think that perhaps, "homeslice", many of the 25 million plus viewers of Cubs games might not want to know the result and may have wanted to watch the game on Tivo or similar?
Sure, millions don't look here and get the result ruined, but far more look here and could have their Cubs game dashed vs Speed World Challenge fans.
Besides, I didn't give the result of the race, I simply stated that Pobst clinched the championship. It's no different than not giving the result of a baseball game, but saying that a certain player set a season record during a game.
It's ok, though. If you want to be a hypocrite and slam me for something I did once, not even telling the result, versus your doing far more often and egregiously ruining the result for others, go ahead. Par for the course.
Go ahead an tee off on me for pointing out the facts.
Your hypocrisy here in writing about a spoiler debate from eight days ago in a post regarding a ticket issue proves my point again. Accuse someone of a spoiler when you "spoiled" Cubs results here practically weekly for years and then accuse someone of being off-topic in regards to another ticket issue, but you bring a sports spoiler issue over a week old into this post. Nice.
Mike S
10-11-2008, 01:51 PM
#27
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I am only relaying what I learned from going to Court over this issue
A traffic stop is technically a traffic arrest. Don't confuse convenience with the law. If you insist on keeping your license, it is your right to do so. As it was explained to me: You are not *convicted* of any traffic offense at your traffic stop. Therefore, you have the right to retain a valid Illinois Drivers License.
Ask your cop friend what happens if you refuse to turn over your license. What you "relayed" is convenience. Making life convenient for a cop, at the expense of not having proper State ID until who knows when (if at all), sounds inconvenient to me. I say it should be inconvenient for the cop. It's your choice to make it so.
Again, I am only relaying what I learned from an attorney I hired who specializes in Illinois Traffic Law, who had the State Trooper 4 issued tickets + IBond summarily dismissed.
WRT signing a document wrt your duplicate license, that doesn't change your right to hold a valid license until you are convicted of your traffic offense.
Peter could have bought me a beer and saved himself the hassle of what he went thru. I enjoy sharing good beer stories too.
That said, I am not an attorney, however, ANYONE on this forum that wants to hire a very good Traffic Attorney can contact me. I learned from being burned. Happy to pass on the advice without passing the hat.
SJ
Ask your cop friend what happens if you refuse to turn over your license. What you "relayed" is convenience. Making life convenient for a cop, at the expense of not having proper State ID until who knows when (if at all), sounds inconvenient to me. I say it should be inconvenient for the cop. It's your choice to make it so.
Again, I am only relaying what I learned from an attorney I hired who specializes in Illinois Traffic Law, who had the State Trooper 4 issued tickets + IBond summarily dismissed.
WRT signing a document wrt your duplicate license, that doesn't change your right to hold a valid license until you are convicted of your traffic offense.
Peter could have bought me a beer and saved himself the hassle of what he went thru. I enjoy sharing good beer stories too.
That said, I am not an attorney, however, ANYONE on this forum that wants to hire a very good Traffic Attorney can contact me. I learned from being burned. Happy to pass on the advice without passing the hat.
SJ
10-11-2008, 02:41 PM
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I have done it tons in the burbs, and they always drop it... But then for some thaey dont...
But if you know you need to rent a car soon, its worth the 50 bucks for the ticket... Now I do have two liscences in my wallet and a state ID... So I am covered regardless...
10-11-2008, 05:36 PM
#29
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Enough inconvenience this sillyness can stop
I find some of this BS entertaining, the rest of it just fodder of revenue generation. Convenience might dictate a DL Assurance Bond is a good idea. I say I'll spend a lot of time at a traffic stop to make the stop inconvenient. We live in the only country where a Passport isn't a valid ID except when coming back home from abroad. Ironically, a Drivers License in any other country doesn't mean beans without a Passport.
It's time some of the more educated to the problem, moved the problem toward the creators. If you read the voluminous forum blog in response to the article below, I'm not the only one that thinks this is absolute BS.
The 'easy' thing to do is carry a AAA card? If you get one ticket a year, it's cheaper to pay the cash bond. Bond cards are not the savior either, as your buddy pointed out above. The clerk isn't called at 11:30pm. A judge isn't rousted at 10pm.
What does this mean? I say in this electronic age it's plain silly that a 1950's law on the books can't even keep up with itself (give DL, go get new DL for 5 bucks). I for one will take the 2 hours to create the biggest hassle I can right then and there. Why? Because I spent that ten-fold dealing with an overzealous State Trooper.
I figure if everyone made this convenience exactly not convenient enough times, the Traffic Revenue generation dollars will decrease. Whatever motivates taking this crap off the books.
Rant off?
SJ<ul><li><a href="http://traffic-speeding-ticket.com/?p=28">Chicago Trib Article</a></li></ul>
It's time some of the more educated to the problem, moved the problem toward the creators. If you read the voluminous forum blog in response to the article below, I'm not the only one that thinks this is absolute BS.
The 'easy' thing to do is carry a AAA card? If you get one ticket a year, it's cheaper to pay the cash bond. Bond cards are not the savior either, as your buddy pointed out above. The clerk isn't called at 11:30pm. A judge isn't rousted at 10pm.
What does this mean? I say in this electronic age it's plain silly that a 1950's law on the books can't even keep up with itself (give DL, go get new DL for 5 bucks). I for one will take the 2 hours to create the biggest hassle I can right then and there. Why? Because I spent that ten-fold dealing with an overzealous State Trooper.
I figure if everyone made this convenience exactly not convenient enough times, the Traffic Revenue generation dollars will decrease. Whatever motivates taking this crap off the books.
Rant off?
SJ<ul><li><a href="http://traffic-speeding-ticket.com/?p=28">Chicago Trib Article</a></li></ul>
