Can this be done???

[ConcerndStepmom]

What is the name of your state? FLORDIA

Can someone make a citizen arrest on someone that knowingly drives on a suspended license with a 8 month old in the car? This persons license was suspended December 3, 2006 for refusing to submit alcohol test. In Florida that is an automatic 1 year license suspension from what I hear.

[justsomeguy]

I've probably made close to a hundred Citizens arrests, for assult, drug possession, trespasing, drunk in public, usually just the drug thing though..(I was head of security at a large night club for years) It's a tricky business, if you don't know the laws, and procedures, you can get sued, or arrested yourself, luckily I never delt with either, just alot of testifying.

Are you asking this because this happened to you, or because you want to make the arrest yourself?

If this happened to you, I would say get a lawyer, it looks like it's moving foward and that is your best bet. If you are a concerned citizen for this child and you're wondering if you have the authority... I would be very caucious, contact your local authorities, and tell them the situation, contact CPS and let them know. Detaining, or Restraining someone against their will is a pretty serious crime in most states, I wouldn't attempt it without some certainty of protocol and conditions.

my knowledge of this though is pretty much summed up in my screen name, so above all else, seek professional advice, no matter which side you're on.

[CdwJava]

Justsomeguy, I'm thinking one half of a child custody dispute is looking to do some payback on the other half somehow.

ConcerndStepmom, as Justsomeguy inferred, this is a dangerous minefield to tread. The person making the arrest has to do so within FL law. If the person making the arrest is wrong they face a civil suit and, perhaps, the potential of prosecution.

All because someone is supposed to get their license suspended for refusing to take a chemical test does NOT mean that it will happen in an expeditious manner. Sometimes these matters are deferred until court, or the motor vehicle office is too busy to get to it right away.

If this is an issue, and you are the party looking to MAKE the arrest, bring it up to the police when he or she is driving, or to the court with regards to any custody concerns.

- Carl

[ConcerndStepmom]

Originally Posted by justsomeguy

I've probably made close to a hundred Citizens arrests, for assult, drug possession, trespasing, drunk in public, usually just the drug thing though..(I was head of security at a large night club for years) It's a tricky business, if you don't know the laws, and procedures, you can get sued, or arrested yourself, luckily I never delt with either, just alot of testifying.

Are you asking this because this happened to you, or because you want to make the arrest yourself?

If this happened to you, I would say get a lawyer, it looks like it's moving foward and that is your best bet. If you are a concerned citizen for this child and you're wondering if you have the authority... I would be very caucious, contact your local authorities, and tell them the situation, contact CPS and let them know. Detaining, or Restraining someone against their will is a pretty serious crime in most states, I wouldn't attempt it without some certainty of protocol and conditions.

my knowledge of this though is pretty much summed up in my screen name, so above all else, seek professional advice, no matter which side you're on.

Thank you for you response. No this has not happened to me as I don't drink. As far as the arrest goes it was mentioned that it could be done. I was just curious. I have seen it done on TV but never in real life. Am I the one that wants to.. as much as I would love to. I think I would much rather leave that to higher authority.

[ConcerndStepmom]

Originally Posted by CdwJava

Justsomeguy, I'm thinking one half of a child custody dispute is looking to do some payback on the other half somehow.

Although there is a custody case pending with my husband, the baby nor the guy that had his license suspended is a party to the case. The guy in question is the paramour of my husbands exwife though.

ConcerndStepmom, as Justsomeguy inferred, this is a dangerous minefield to tread. The person making the arrest has to do so within FL law. If the person making the arrest is wrong they face a civil suit and, perhaps, the potential of prosecution.

As I mentioned to the other poster. I was just curious as I have never seen or heard of it being done in real life. Just on TV. Although I'd love to, it's not somethng myself nor my husband would attempt to do ourselves. However he will go to the Sheriff's Dept. in the morning after talking to his attorney and see what or if anything can be done. My husband has seen this guy with the baby in the car in the mornings as well as in the evenings. When he is either going to pick his daughters up or dropping them off. So the deputies wouldn't have a hard time catching him behind the wheel when it is brought to their attention..

All because someone is supposed to get their license suspended for refusing to take a chemical test does NOT mean that it will happen in an expeditious manner. Sometimes these matters are deferred until court, or the motor vehicle office is too busy to get to it right away.

His license was suspended the DAY that he refused to submit alcohol test. December 03, 2006 verified thru public court records along with driver license check.

If this is an issue, and you are the party looking to MAKE the arrest, bring it up to the police when he or she is driving, or to the court with regards to any custody concerns.

Definitely an issue, for the baby and my husbands two daughters that has also been in the vehicle with him while drinking or under the influence as well as the lives of others he continues to put in danger. CPS has been called twice since October for other reasons as well as the alcohol issue. The last case was closed just 2 days prior to him getting his license suspended.

My husband will call his attorney first thing in the morning and inform him with this new information and hear his suggestions as to the best way to handle the issue at hand.

- Carl

Thanks again for your response

[BigMistakeFl]

Here in Florida, you are given a receipt / ticket in exchange for your license which is retained by the cop. That receipt / ticket is your license and is valid for ten (10) days, then you don't drive. That is, unless you hired a lawyer, who requested a DMV (Highway Safety and Motor Vehicles) hearing. That too had to be done within the same ten days. If his lawyer did that, he is then issued a second temporary license which is valid for thirty days.

As for the refusal and that suspension, yes, it is one year for refusal. In Florida, you may apply for a hardship license for business use only, after ninety days of "hard" suspension. That means the day the temporary license expires, you start counting and can after 90 days, apply for the hardship.

So in essence, he may be within his rights to be driving. If he was arrested on the 6th, he could drive through the 16th, and then another thirty days if he applied for the DMV hearing.

Confusing?