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Arrested for expired license...

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jojobutter

Junior Member
Georgia
have a question regarding being arrested.

First the story.

I was driving back from Atlanta Georgia late one night headed northbound. I got off the interstate in the town that I would receive my citations and started heading home to Alabama, which was still two hours away. This was around 1 A.M. So I was headed home…
I was on the highway when I noticed a police car behind me. He was behind me when I began stopping at a red-light, which had changed to green by the time I came to it. After passing that, the police cruiser followed me very closely for about 2 miles until he turned on his blue lights. I pulled over into a used car lot and shut my car off.
The officer got out of his vehicle, walked up to my vehicle and asked for my driver’s license and proof of insurance. After I handed him this, he returned to his vehicle. After around five minutes he returned to my vehicle and asked “did you know your license is expired?” to which I replied “no, I didn’t know.” He then asked for my girlfriend’s driver’s license, which also was expired. Alabama license expire around the same time, not birthdates-every four years. He said “let me go check on something, talk to my chief.” So we sat that for around 10 minutes, after which he asked me to step out of the vehicle and place my hands on top of the vehicle. He went through a pat down, asked if I had any weapons, knives or the sort. Then he asked me to place my hands behind my back. I asked him “what’s going on?” He said “in Georgia, expired license is the same as not having a license-and I have to take you to jail for it.” In Alabama we have a sixty-day grace period—we receive a postcard in the mail to remind us that our license is expired, and police officer’s can’t even write a ticket until that grace period has expired- so there is a difference.
He walked me back to the car and put me in the back. My girlfriend was still sitting in my car, so the officer radioed for another officer to come pick her up. He went to tell her that he was taking me to jail, and that he had arranged transportation for her. The other officer left with my g.f. , while my arresting officer sat in the front and typed in my information while waiting for the wrecker to come pick up my vehicle.
After arriving at the jail, he brought me in, finger printed me, “booked me” and all of that. He gave me the numbers to the bail bondsmen to help me figure out how to get out of jail. It was about 2 ,by this time.
I was trying to find someone to come bail me out (all being two hours away in the middle of the night, so to no avail.) The arresting officer was asking if there wasn’t anyone in Georgia that could come bail me out, and I told him no. All in Alabama.
I sat there for about another hour, with nothing figured out. My arresting officer left for about an hour and returned. After coming back he asked if I’d had any luck with getting someone to help with bail. I told him no. “Let me go talk to my Chief, see what we can get figured out.” About 45 minutes later he came back and told me “don’t ever say that a cop didn’t help you out, and I’m going to tell you why in a minute”, and then he walked outside.
After a few moments he came back in and said “look, I’ve been talking to my Chief, and this is what we’re gonna do- since there’s no one available to come get you, we’re gonna drop the arrest charge, and just charge you with two citation tickets and let you go.”
He took me into the finger printing room and got out his citation book and wrote me two tickets, one for the license and one for the brake light requirement. I asked him if the arrest was still going to be showing up, and he said “no, the arrest will be dropped and cleared.” I signed papers, And I was free to go. He took me and my g.f. to a hotel room and that was the end of the night.


So here's my question. Yes, i know that just because Alabama license laws are different from Georgia, that doesn't mean I get off. ( or I presume that- although i'd love for my fairy godmother to come in and prove me wrong on that.) I realize that that is a fair ticket. Also with the brake light (not tail light, but brake light) that's a fair ticket. My question has to do with the arresting procedure.

Since I was arrested, and then just "let go" ,without bail is there any chance that I can get this thrown out on that qualm? I talked to the police Chief in my hometown, and he had told me that they cannot simply "let you go"...that you HAVE to be bailed out once you are arrested.

Anyone have any suggestions??
 
Last edited:


Zigner

Senior Member, Non-Attorney
Georgia
have a question regarding being arrested.

First the story.

I was driving back from Atlanta Georgia late one night headed northbound. I got off the interstate in the town that I would receive my citations and started heading home to Alabama, which was still two hours away. This was around 1 A.M. So I was headed home…
I was on the highway when I noticed a police car behind me. He was behind me when I began stopping at a red-light, which had changed to green by the time I came to it. After passing that, the police cruiser followed me very closely for about 2 miles until he turned on his blue lights. I pulled over into a used car lot and shut my car off.
The officer got out of his vehicle, walked up to my vehicle and asked for my driver’s license and proof of insurance. After I handed him this, he returned to his vehicle. After around five minutes he returned to my vehicle and asked “did you know your license is expired?” to which I replied “no, I didn’t know.” He then asked for my girlfriend’s driver’s license, which also was expired. Alabama license expire around the same time, not birthdates-every four years. He said “let me go check on something, talk to my chief.” So we sat that for around 10 minutes, after which he asked me to step out of the vehicle and place my hands on top of the vehicle. He went through a pat down, asked if I had any weapons, knives or the sort. Then he asked me to place my hands behind my back. I asked him “what’s going on?” He said “in Georgia, expired license is the same as not having a license-and I have to take you to jail for it.” In Alabama we have a sixty-day grace period—we receive a postcard in the mail to remind us that our license is expired, and police officer’s can’t even write a ticket until that grace period has expired- so there is a difference.
He walked me back to the car and put me in the back. My girlfriend was still sitting in my car, so the officer radioed for another officer to come pick her up. He went to tell her that he was taking me to jail, and that he had arranged transportation for her. The other officer left with my g.f. , while my arresting officer sat in the front and typed in my information while waiting for the wrecker to come pick up my vehicle.
After arriving at the jail, he brought me in, finger printed me, “booked me” and all of that. He gave me the numbers to the bail bondsmen to help me figure out how to get out of jail. It was about 2 ,by this time.
I was trying to find someone to come bail me out (all being two hours away in the middle of the night, so to no avail.) The arresting officer was asking if there wasn’t anyone in Georgia that could come bail me out, and I told him no. All in Alabama.
I sat there for about another hour, with nothing figured out. My arresting officer left for about an hour and returned. After coming back he asked if I’d had any luck with getting someone to help with bail. I told him no. “Let me go talk to my Chief, see what we can get figured out.” About 45 minutes later he came back and told me “don’t ever say that a cop didn’t help you out, and I’m going to tell you why in a minute”, and then he walked outside.
After a few moments he came back in and said “look, I’ve been talking to my Chief, and this is what we’re gonna do- since there’s no one available to come get you, we’re gonna drop the arrest charge, and just charge you with two citation tickets and let you go.”
He took me into the finger printing room and got out his citation book and wrote me two tickets, one for the license and one for the brake light requirement. I asked him if the arrest was still going to be showing up, and he said “no, the arrest will be dropped and cleared.” I signed papers, And I was free to go. He took me and my g.f. to a hotel room and that was the end of the night.


So here's my question. Yes, i know that just because Alabama license laws are different from Georgia, that doesn't mean I get off. ( or I presume that- although i'd love for my fairy godmother to come in and prove me wrong on that.) I realize that that is a fair ticket. Also with the brake light (not tail light, but brake light) that's a fair ticket. My question has to do with the arresting procedure.

Since I was arrested, and then just "let go" ,without bail is there any chance that I can get this thrown out on that qualm? I talked to the police Chief in my hometown, and he had told me that they cannot simply "let you go"...that you HAVE to be bailed out once you are arrested.

Anyone have any suggestions??
Get WHAT thrown out?
 

xylene

Senior Member
You got a huge break.

Either pay the tickets or contest them.

It is not wrong to get a break and still contest a ticket.

BUT Getting a break does not equal a defense.

Know the laws in the states you are traveling.
 

justalayman

Senior Member
Since I was arrested, and then just "let go" ,without bail is there any chance that I can get this thrown out on that qualm? I talked to the police Chief in my hometown, and he had told me that they cannot simply "let you go"...that you HAVE to be bailed out once you are arrested.
well, I guess if you ever get arrested in your home jurisdiction, you shouldn't expect being given any breaks. The cops in GA were rescinding the arrest as in; it never happened. They were not continuing the arrest for which you would have to be bailed out for.


In Alabama we have a sixty-day grace period—we receive a postcard in the mail to remind us that our license is expired, and police officer’s can’t even write a ticket until that grace period has expired- so there is a difference
was it within 60 days from the expiration of your license? Had Alabama DMV sent you a reminder?
 

jojobutter

Junior Member
well, I guess if you ever get arrested in your home jurisdiction, you shouldn't expect being given any breaks. The cops in GA were rescinding the arrest as in; it never happened. They were not continuing the arrest for which you would have to be bailed out for.


was it within 60 days from the expiration of your license? Had Alabama DMV sent you a reminder?

My license had been expired for 8 days. I received the reminder of it being expired about a week after this incident.
 

justalayman

Senior Member
My license had been expired for 8 days. I received the reminder of it being expired about a week after this incident.
then argue the ticket. Your license was not expired. It was fully in force so the ticket was invalid.

law.justia.com/alabama/codes/2006/22786/32-6-1.html

A grace period of 60 days after expiration date of a driver's license shall exist for the purpose of driver's license renewal and the driver's license shall be valid for this time period.
the brake light ticket is righteous.
 

jojobutter

Junior Member
thanks a lot! That suggestion will, provided I don't goof something up, save me a cool $100 bucks. Who do I write the check out to? ha.
 

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