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License confiscated

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Zil79

Junior Member
Hi, my license was suspended this past Monday for failure to pay a fine for a speeding ticket that was reduced to an 1110A. I went yesterday, Saturday, to visit my boyfriend who is being held in Steuben county jail on a treatment court violation. They ran my license and came back and told me they were keeping it because it was no longer valid and that I could not visit until I had valid identification. I protested these decisions because although my driving privilege is suspended my license is still a valid form of id, and I did not drive there so I did not commit a crime. They disagreed and refused to return my license. Are their actions correct and legal? I have no idea how I am going to cash my paycheck this week to pay my fine without my id. Help please!
 


adjusterjack

Senior Member
Hi, my license was suspended this past Monday for failure to pay a fine for a speeding ticket that was reduced to an 1110A. I went yesterday, Saturday, to visit my boyfriend who is being held in Steuben county jail on a treatment court violation. They ran my license and came back and told me they were keeping it because it was no longer valid and that I could not visit until I had valid identification. I protested these decisions because although my driving privilege is suspended my license is still a valid form of id, and I did not drive there so I did not commit a crime. They disagreed and refused to return my license. Are their actions correct and legal? I have no idea how I am going to cash my paycheck this week to pay my fine without my id. Help please!

A suspended license is not a valid ID. It shouldn't even be in your possession and could be confiscated at a traffic stop, too.

Doesn't matter that you weren't driving.

They were right to take it.

Go to the DMV first thing tomorrow morning and get a state ID.

You have no choice.
 

Zil79

Junior Member
Thanks for replying. I get that if I were driving and stopped it would be taken, but I guess I don't fully comprehend how it isn't still valid id. On the suspension notice they don't ask me to turn it in. If I used it at a bank to cash a check or in a store to buy alcohol or cigarettes it would be considered valid as id. I know I have to do something, most likely pay my fine, but this seems like a step too far. I've been suspended before and never had this issue of course I never went to visit anyone in jail then either.
 

HighwayMan

Super Secret Senior Member
Well, it is valid identification whether it is suspended or just plain expired.

You were required to turn it in as soon as you were notified that it was suspended. Failure to turn in a suspended license is a misdemeanor and you could have gotten a ticket for that (or been arrested technically).

Suspended licenses must be seized by the police (I do it all the time).

Now you know - next time you get your license suspended you must go to the nearest DMV and turn it in.
 

adjusterjack

Senior Member
If I used it at a bank to cash a check or in a store to buy alcohol or cigarettes it would be considered valid as id.

In the eye of the beholder.

Somebody in a store or bank would have no way of knowing it was suspended so it would seem acceptable to them even though it legally wasn't.
 

Zil79

Junior Member
Follow up

So I went to the dmv and they were surprised that my license had been taken. They said it did not need to be confiscated, that it was still valid id, and that while the police are able to do so they would prefer they did not. I had to fill out a statement as to why I did not have my license to turn in, applied for a non driver id, received a paper copy while I wait for my new one to come in the mail. Oddly enough they let me visit my boyfriend at the same facility with my old expired license and the paper copy of my non driver. Good news though my fine is paid so hopefully that mess is behind me. Thanks to all for insight and advice
 

HighwayMan

Super Secret Senior Member
DMV window clerks are notoriously dumb.

Your license is supposed to be seized. There is a DMV form (receipt) just for this purpose. The form number is MV-78B and you should have been given one when your license was seized.

Again, you are required by law to turn in a suspended or revoked license. Failure to do so is a crime.
 

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