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Should unlicensed drivers have their vehicles towed when pulled over for an offense?

Should unlicensed drivers have their vehicles towed when pulled over for an offense?


  • Total voters
    44
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

not true at all I havent read the whole thread only some of them but the simpleton reasons like what if a person forgot their license at home are stupid and meaningless since thats not what we are talking about. We are talking about people breaking the law and driving illegally without a license.

But by all means feel free to keep WRONGLY guessing, it makes you look very objective.

also "my acceptance" isnt whats in question here, its what the law/society should accept vs rights vs criminality.

I think you need to go back and re-read the OP / Poll question.
AND...
Guilt / Innocence is determined only after due process has occurred, i.e. their day in court. If say, you were to argue that AFTER being found guilty in a court of law their car should be towed / impounded then I would have no cause to argue with you (although I would still disagree for numerous reasons)

If law makers intended to to have Towing / impounding of ones vehicle part of the punishment of driving without a license they would have written it into the statute governing the offense. As it stands right now, the removal by the state of vehicles in the roadway can only be reasonably described as a public service of removing hazards and/or blockages to the public roadway. This being said the state's ONLY interest is that the hazard / blockage gets removed. Why does it matter who removes it? While it may feel punitive at times when your car gets towed it is not the intention. Point of fact: Cars get removed (towed) when parked in front of a fire hydrant not as a function of punishing undesirable behavior but as a function of ensuring that the fire hydrant be available should it be needed.

AND.... Lets just say it WAS intended to be part of the punishment.... why would you apply the punishment BEFORE someone has a chance to argue their guilt or Innocence. It makes no sense
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

I think you need to go back and re-read the OP / Poll question.
AND...
Guilt / Innocence is determined only after due process has occurred, i.e. their day in court. If say, you were to argue that AFTER being found guilty in a court of law their car should be towed / impounded then I would have no cause to argue with you (although I would still disagree for numerous reasons)

If law makers intended to to have Towing / impounding of ones vehicle part of the punishment of driving without a license they would have written it into the statute governing the offense. As it stands right now, the removal by the state of vehicles in the roadway can only be reasonably described as a public service of removing hazards and/or blockages to the public roadway. This being said the state's ONLY interest is that the hazard / blockage gets removed. Why does it matter who removes it? While it may feel punitive at times when your car gets towed it is not the intention. Point of fact: Cars get removed (towed) when parked in front of a fire hydrant not as a function of punishing undesirable behavior but as a function of ensuring that the fire hydrant be available should it be needed.

AND.... Lets just say it WAS intended to be part of the punishment.... why would you apply the punishment BEFORE someone has a chance to argue their guilt or Innocence. It makes no sense

Are parking and speeding tickets unConstitutional?
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

Are parking and speeding tickets unConstitutional?
Why would speeding / parking tickets be unconstitutional?

At least here in Illinois, you (often) have the option of just acquiescing with the ticket and paying by mail, thus implicitly admitting guilt (I don't remember the last time I had to pay a fine in this manner but I do believe I remember language stating that paying the fine is both a plea of guilty and waiver of your right to trial), or you can go to court and argue the the ticket written was unjustified.
If you mail in the payment, you admitted guilt... due process has occurred.
If you go fight the ticket in court (good luck with that btw) either you are determined to be guilty or innocent and yet again due process has occurred.

Not really sure what you were trying to get at here.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

Towing charges and impoundment fees should be paid by every unlicensed driver. Illegals should be processed and sent to their country of origin if identified in any traffic incident or road block.

I'm always tickled by conservatives who think that it's okay for the government to seize non-contraband property without just compensation even when there's no debt between the property owner and the government.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

Everything beyond this is moot. Read the whole thread before you start making blanket implications that there have been no valid reasons given, and creating the (most likely false) impression that you can be swayed in your opinion.

LMAO who made a blanket implication that there have been no valid reasons given?

thats right you guessed it, NOBODY lol
that was another WRONG guess by YOU not by anything I stated?
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

I think you need to go back and re-read the OP / Poll question.
AND...
Guilt / Innocence is determined only after due process has occurred, i.e. their day in court. If say, you were to argue that AFTER being found guilty in a court of law their car should be towed / impounded then I would have no cause to argue with you (although I would still disagree for numerous reasons)

If law makers intended to to have Towing / impounding of ones vehicle part of the punishment of driving without a license they would have written it into the statute governing the offense. As it stands right now, the removal by the state of vehicles in the roadway can only be reasonably described as a public service of removing hazards and/or blockages to the public roadway. This being said the state's ONLY interest is that the hazard / blockage gets removed. Why does it matter who removes it? While it may feel punitive at times when your car gets towed it is not the intention. Point of fact: Cars get removed (towed) when parked in front of a fire hydrant not as a function of punishing undesirable behavior but as a function of ensuring that the fire hydrant be available should it be needed.

AND.... Lets just say it WAS intended to be part of the punishment.... why would you apply the punishment BEFORE someone has a chance to argue their guilt or Innocence. It makes no sense

thats a fun story but towing their car doesnt impact their due process anymore than pulling them over, detaining them or anything else we already do that is legal.

so are you saying that when an officer come across a person breaking the law that has a gun or just waving a gun around they shouldnt be able to remove that gun from them, they should get to keep it until their trail date? LMAO

Sorry if you have no licenses and the car is yours towing it is perfectly just. theres no violation of due process, you car doesnt disappear for ever.

If that is a violation of due process so is everything
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

Why would speeding / parking tickets be unconstitutional?

At least here in Illinois, you (often) have the option of just acquiescing with the ticket and paying by mail, thus implicitly admitting guilt (I don't remember the last time I had to pay a fine in this manner but I do believe I remember language stating that paying the fine is both a plea of guilty and waiver of your right to trial), or you can go to court and argue the the ticket written was unjustified.
If you mail in the payment, you admitted guilt... due process has occurred.
If you go fight the ticket in court (good luck with that btw) either you are determined to be guilty or innocent and yet again due process has occurred.

Not really sure what you were trying to get at here.

No due process...
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

If you don't have a license and its your car I can't think of a reason why you car shouldn't be towed.

Nothing that is of merit and a huge impact in reality anyway. Does anybody have anything?

The way our judicial system works is that the punishment for breaking laws is progressive. We dont usually sentence people to the maximum punishment for the first offence. Whats wrong with giving a warning and insisting that the person go home immediately? This is America not China for ****s sake. Now a second offence though impound the vehicle since the driver shows that they are stupid enough to do it twice they will most likely do it again.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

I will go ahead and reply in good faith, albeit with the caveat that it does not appear you are doing the same.
thats a fun story but towing their car doesnt impact their due process anymore than pulling them over, detaining them or anything else we already do that is legal.
POINT 1: As I stated before, it does IF it is intended as a form of punishment as the towing would would be the application of punishment before due process has taken place. If it is NOT intended to be a form of punishment then there can be no argument for not allowing a different licensed driver to remove the vehicle from the roadway (i.e. a passenger that is present at the time of arrest).

so are you saying that when an officer come across a person breaking the law that has a gun or just waving a gun around they shouldnt be able to remove that gun from them, they should get to keep it until their trail date? LMAO
The two situations are not analogous.

Sorry if you have no licenses and the car is yours towing it is perfectly just. theres no violation of due process, you car doesnt disappear for ever.
See point 1

If that is a violation of due process so is everything
I am not entirely sure you understand the concept of due process.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

I will go ahead and reply in good faith, albeit with the caveat that it does not appear you are doing the same.

POINT 1: As I stated before, it does IF it is intended as a form of punishment as the towing would would be the application of punishment before due process has taken place. If it is NOT intended to be a form of punishment then there can be no argument for not allowing a different licensed driver to remove the vehicle from the roadway (i.e. a passenger that is present at the time of arrest).


The two situations are not analogous.


See point 1


I am not entirely sure you understand the concept of due process.

i understand it fine I want to know how YOU get to decide one is due and another isnt LOL

you have no licenses, it your car, it gets towed, the due process comes when you go to trail, NOTHING is lost

its just like a gun license, you dont have one, bye bye gun
no restaurant license? cant serve food and restaurant is shut done

etc etc etc

so what do YOU suggest should happen. I pull one guy over, he has no license and I verify in the system, now what?
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

The way our judicial system works is that the punishment for breaking laws is progressive. We dont usually sentence people to the maximum punishment for the first offence. Whats wrong with giving a warning and insisting that the person go home immediately? This is America not China for ****s sake. Now a second offence though impound the vehicle since the driver shows that they are stupid enough to do it twice they will most likely do it again.
While this type of situation does in fact happen from time to time (most likely in small communities), It's virtually impossible for a police officer to actually give someone a pass without incurring substantial risk to himself and his police department in terms of legal liability. If the police officer gives someone a pass and that person gets into wreck (on the way home) I would bet dollars to doughnuts the non-offending driver would sue the police department, and I wouldn't be surprised at all if the offending driver that got the pass also sued the department for letting him go. It's lawsuit-prone legal environment we are in atm, everyone wants a lottery ticket.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

The way our judicial system works is that the punishment for breaking laws is progressive. We dont usually sentence people to the maximum punishment for the first offence. Whats wrong with giving a warning and insisting that the person go home immediately? This is America not China for ****s sake. Now a second offence though impound the vehicle since the driver shows that they are stupid enough to do it twice they will most likely do it again.

nothing WRONG with that, hell cops/judges let people go all the time but that doesnt mean its WRONG to acctually up hold the law and assure theres no further crimes/victiums

I got a warning for speeding just the other day, that was NICE of the cop, doesnt mean ha HAS to do that, SHOULD do that or would be wrong if he gave me a ticket :shrug:
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

While this type of situation does in fact happen from time to time (most likely in small communities), It's virtually impossible for a police officer to actually give someone a pass without incurring substantial risk to himself and his police department in terms of legal liability. If the police officer gives someone a pass and that person gets into wreck (on the way home) I would bet dollars to doughnuts the non-offending driver would sue the police department, and I wouldn't be surprised at all if the offending driver that got the pass also sued the department for letting him go. It's lawsuit-prone legal environment we are in atm, everyone wants a lottery ticket.


nothing WRONG with that, hell cops/judges let people go all the time but that doesnt mean its WRONG to acctually up hold the law and assure theres no further crimes/victiums

I got a warning for speeding just the other day, that was NICE of the cop, doesnt mean ha HAS to do that, SHOULD do that or would be wrong if he gave me a ticket :shrug:


If the law makes it minatory to impound a vehicle the police will have no choice but to impound the vehicle, even in small communities. Zero tolerance laws are illogical because they ignore the obvious circumstances that come about. Like the schools zero tolerance of guns, a child is expelled for having a toy that couldnt be mistaken for anything other than a toy. BTW just because a situation exists does not mean we must perpetuate that situation. Hedging liberty wont keep us with liberty.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

If the law makes it minatory to impound a vehicle the police will have no choice but to impound the vehicle, even in small communities. Zero tolerance laws are illogical because they ignore the obvious circumstances that come about. Like the schools zero tolerance of guns, a child is expelled for having a toy that couldnt be mistaken for anything other than a toy. BTW just because a situation exists does not mean we must perpetuate that situation. Hedging liberty wont keep us with liberty.

again its no mandatory to give a ticket for speeding but I wont condemn an cop for doing so, if a cop feels its necessary to toe your car I'm all for it because there is a very very simple solution, don't drive without a licenses LOL :shrug:
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

i understand it fine I want to know how YOU get to decide one is due and another isnt LOL

you have no licenses, it your car, it gets towed, the due process comes when you go to trail, NOTHING is lost

its just like a gun license, you dont have one, bye bye gun
no restaurant license? cant serve food and restaurant is shut done

etc etc etc

so what do YOU suggest should happen. I pull one guy over, he has no license and I verify in the system, now what?
ANSWER: Allow the driver reasonable opportunity to make alternative arrangements for the vehicles removal, if the driver either cannot or does not then the state should tow the vehicle from the roadway.

in addition:
Gun thing - while definitely a constitutional issue in many peoples eyes, Most (if not all) require a gun license in order to legally own/possess a gun and without such license the gun can be confiscated. To my knowledge the is no state in the union which requires a driver's license as qualification of automobile ownership.

Restaurant thing - You're right you are not allowed to operate the restaurant without a license. The state, however, does not confiscate the property, they only disallow the establishment from operating as a restaurant. Essentially they can require the property NOT be allowed to be accessed by the public, however they cannot bar the owners of the establishment from using the establishment for other legal purposes.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

ANSWER: Allow the driver reasonable opportunity to make alternative arrangements for the vehicles removal, if the driver either cannot or does not then the state should tow the vehicle from the roadway.

in addition:
Gun thing - while definitely a constitutional issue in many peoples eyes, Most (if not all) require a gun license in order to legally own/possess a gun and without such license the gun can be confiscated. To my knowledge the is no state in the union which requires a driver's license as qualification of automobile ownership.

Restaurant thing - You're right you are not allowed to operate the restaurant without a license. The state, however, does not confiscate the property, they only disallow the establishment from operating as a restaurant. Essentially they can require the property NOT be allowed to be accessed by the public, however they cannot bar the owners of the establishment from using the establishment for other legal purposes.

i would NOT have a problem with that but WHY?
why is it necessary?
why should the cop have to go out of his way to help someone breaking the law?
and once the car gets back on his property whats to stop him from breaking the law tomorrow?
what if he doesnt have a license because of a dangerous medical condition or prior crimes the cop can see?

also your response to restaurant and gun is just dishonesty LOL its semantics
no they cant take the resturant away but they can shut it down and return it to you later by YOUR definition where the due process LMAO like I said YOUR definition CHANGES for YOUR convenience. Anyway im not going to get side tracked

theres a simple solution to all of this, dont want your car towed DONT BREAK THE LAW AND DRIVE ILLEGALLY lmao

like i said there no lose of due process here and towing the car is just, doesnt HAVE to be done but it certainly is just, dont like it, dont break the law and drive without a license :shrug:
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

again its no mandatory to give a ticket for speeding but I wont condemn an cop for doing so, if a cop feels its necessary to toe your car I'm all for it because there is a very very simple solution, don't drive without a licenses LOL :shrug:
I'm not saying it should never get towed, but it is sometimes possible to not be aware that your license is suspended (see my post #49, pg. 5, #3 at bottom of post).
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

I'm not saying it should never get towed, but it is sometimes possible to not be aware that your license is suspended (see my post #49, pg. 5, #3 at bottom of post).

nor did I say it should be towed EVERY TIME, just that i have no problem witt it being towed at all and it is just and due process is not impacted

**** happens, its sometimes possible to not know you have a warrant out for your arrest too, should they let you just go home on your word?

towing a car for no license is totally just :shrug:
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

again its no mandatory to give a ticket for speeding but I wont condemn an cop for doing so, if a cop feels its necessary to toe your car I'm all for it because there is a very very simple solution, don't drive without a licenses LOL :shrug:
No it is not mandatory to ticket people nor is it mandatory to tow a vehicle driven by an unlicensed driver. And I agree that no one should be breaking the law, but **** happens. I want those triage decisions that remain in the discretion of an officer to remain available for them. Like I said sometimes **** happens and towing a vehicle should not be the only option.

But I find this discussion a little funny, I mean just how many unlicensed drivers are there out there? While googling to find the answer I came across this site Auto Insurance with No Drivers License - AUTO INSURANCE .COM lol
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

No it is not mandatory to ticket people nor is it mandatory to tow a vehicle driven by an unlicensed driver. And I agree that no one should be breaking the law, but **** happens. I want those triage decisions that remain in the discretion of an officer to remain available for them. Like I said sometimes **** happens and towing a vehicle should not be the only option.

But I find this discussion a little funny, I mean just how many unlicensed drivers are there out there? While googling to find the answer I came across this site Auto Insurance with No Drivers License - AUTO INSURANCE .COM lol

well i never said make it mandatory im just saying it is very just and people have no reason crying over it and making up false premises like it takes away due process LOL

also as far as the auto insurance with no licenses im fine with that BUT it should be listed as non operational insurance or something like that. It probably already exists in some form.

I might be a car collector and need insurance or saving a car for a family member, theres definitely a need for insurance even if you dont drive.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

i would NOT have a problem with that but WHY?
why is it necessary?
Because of the presumption of innocence implicit in due process.
why should the cop have to go out of his way to help someone breaking the law?
No one is asking the cop to go and find another driver for the vehicle, we are asking the offending driver to.
and once the car gets back on his property whats to stop him from breaking the law tomorrow?
Absolutely nothing. But since the car can be retrieved the next day (or even next hour) from the impound lot I fail to see how this is relevant. This situation occurs whether the vehicle gets towed or not.
what if he doesn't have a license because of a dangerous medical condition or prior crimes the cop can see?
This doesn't change the dynamic of the situation. The person is still driving illegally, what is in contest here is whether the car should be summarily towed at owners expense or should the driver be given a reasonable allowance to find alternate removal.

also your response to restaurant and gun is just dishonesty LOL its semantics
no they cant take the resturant away but they can shut it down and return it to you later by YOUR definition where the due process LMAO like I said YOUR definition CHANGES for YOUR convenience. Anyway im not going to get side tracked
Ok... hey you brought it up, not me. and it wasn't dishonest or semantic.
here is the difference:
want to legally OWN a gun ------> Requires Gun License
want to legally OWN a car ------> No requirements
want to legally OWN a restaurant -----> No requirements
THIS IS THE DIFFERENCE LOOK CLOSE
want to legally OPERATE a gun --------> No requirements (At least here in Illinois)
want to legally OPERATE a car --------> Requires Driver's License (assuming on a public road)
want too legally OPERATE a restaurant --------> Requires Restaurant license (and numerous other certifications)

theres a simple solution to all of this, dont want your car towed DONT BREAK THE LAW AND DRIVE ILLEGALLY lmao

like i said there no lose of due process here and towing the car is just, doesnt HAVE to be done but it certainly is just, dont like it, dont break the law and drive without a license :shrug:
I no longer understand what your position is regarding the topic of this thread. Are you in favor of manditory towing, towing only if the driver cannot find another driver to move the car?
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

1.)Because of the presumption of innocence implicit in due process.

2.)No one is asking the cop to go and find another driver for the vehicle, we are asking the offending driver to.

3.)Absolutely nothing. But since the car can be retrieved the next day (or even next hour) from the impound lot I fail to see how this is relevant. This situation occurs whether the vehicle gets towed or not.

4.)This doesn't change the dynamic of the situation. The person is still driving illegally, what is in contest here is whether the car should be summarily towed at owners expense or should the driver be given a reasonable allowance to find alternate removal.


Ok... hey you brought it up, not me. and it wasn't dishonest or semantic.
here is the difference:
want to legally OWN a gun ------> Requires Gun License
want to legally OWN a car ------> No requirements
want to legally OWN a restaurant -----> No requirements
THIS IS THE DIFFERENCE LOOK CLOSE
want to legally OPERATE a gun --------> No requirements (At least here in Illinois)
want to legally OPERATE a car --------> Requires Driver's License (assuming on a public road)
want too legally OPERATE a restaurant --------> Requires Restaurant license (and numerous other certifications)


I no longer understand what your position is regarding the topic of this thread. Are you in favor of manditory towing, towing only if the driver cannot find another driver to move the car?

it seems you dont understand a lot about what im saying and making a lot of presumtions
DUE PROCESS IS NOT IMPACTED lol

now on to your responses

1.) this is not impacted he can still prove his innocence
2.) and then what? the cop waits around for this to happen? LOL and again the friend drives the care home and the guy can break the law again no thanks thats dumb
3.) no his car stays there until the trial where he can prove he has a license or other arrangements are made allowing him to take it
4.) of course it changes the dynamic if you live in REALITY, if his car licences was taken away for say vehicular homicide why on gods green earth would a cop risk him getting in the car again once the cop wasnt around later LOL

5.)nonsense and dishonesty that is a wast of time

my stance hasnt changed
if a cop pulls you over and you have no licenses which they can check he has every right to tow your car, does he HAVE to? no but it would be the smart thing to do and any cop that did so would get my full support because due process is not impacted in reality

im in favor of what ever the officers decides just like a speeding ticket and if there is priors it should be mandatory, cops dont need to help people breaking the law

again it all comes down to the obvious fact in the room, dont want your car towed dont drive illegally LMAO common sense
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

well i never said make it mandatory im just saying it is very just and people have no reason crying over it and making up false premises like it takes away due process LOL

also as far as the auto insurance with no licenses im fine with that BUT it should be listed as non operational insurance or something like that. It probably already exists in some form.

I might be a car collector and need insurance or saving a car for a family member, theres definitely a need for insurance even if you dont drive.
The general idea is this. Earlier in the thread people suggested that even if there was a legal driver in the passenger seat who was willing and able to move the car, the vehicle should be towed anyway. Since the States only interest is the removal of hazard or blockage from the roadway, the act of not allowing the most expedient remedy (allowing the passenger to move the car) can only be viewed as punitive. Hence the punishment being applied BEFORE due process has taken place. Furthermore, IF there is a passenger in the car who is willing, able, and legal to drive the car, they MUST be allowed the opportunity to relocate the vehicle as there is no state interest in not allowing them to. That is where the due process thing came up..... it was not saying that the mere act of towing a vehicle violates due process.
 
Re: Should unlicensed drivers have their vehicles towed when pulled over for an offen

The general idea is this. Earlier in the thread people suggested that even if there was a legal driver in the passenger seat who was willing and able to move the car, the vehicle should be towed anyway. Since the States only interest is the removal of hazard or blockage from the roadway, the act of not allowing the most expedient remedy (allowing the passenger to move the car) can only be viewed as punitive. Hence the punishment being applied BEFORE due process has taken place. Furthermore, IF there is a passenger in the car who is willing, able, and legal to drive the car, they MUST be allowed the opportunity to relocate the vehicle as there is no state interest in not allowing them to. That is where the due process thing came up..... it was not saying that the mere act of towing a vehicle violates due process.

the PUNITIVE act is nothing more than your opinion and its dishonest. NOTHING more than that. The arrest you and lock you up BEFORE your trail does that violate due process?

If that said driver is ALSO owner of the care or their insurance has that car registered then id be fine with it, other wise I support the cop in what ever he does.

Guy gets stopped an has an illegal concealed gun on him, im with him, im his buddy I have a CWP, should I be allowed to take the gun or does that violate due process?

please stop with the silliness

in REALITY no due process is violated
 
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