Should a police officer immediately seize an older person's drivers license, if they are unable to function as a driver?
by 
Anonymous
ANSWERS: 7
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No. The officer has no right to play judge and jury. If the driver is in danger, he should prevent him from driving further at the time,(like maybe giving them a ride ), but pulling the license isn't his decision to make. Edit: Perhaps the person who rated this not helpful today (Aug 11, 2007) would have the courage to explain why they disagree with me.
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I hate to answer my own question, but i feel there is a need for this answer. Yes, a police officer should and shall immediately seize the drivers license of anyone incapable of operating a motor vehicle, due to drugs, alcohol, or physical or mental hadicap. its not judge and jury, its common sense. Its also liability, to allow a person to continue driving under the above conditions. we are talking about extreme conditions of impairment. Re-testing is the name of the game for elderly drivers and court approval for drug and alcohol users.
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If it is legal to do so, absolutely. The driver is a danger to others on the road, and if they continue to drive they could well kill some innocent people.
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Many times, i have observed elderly people just sit at a traffic signal and remain there through many changes, without moving their vehicle. upon questioning these elderly drivers, i discover that some have fallen asleep, cannot remember where they are or just cry for no reason. As a law enforement officer, i have a duty to protect all the citizens, not just a select few. in the above situations, i normally call a family member to come and retrieve their loved one. i also take possession of their drivers license. this is a lieability factor for their family, the police department and the safety of the public at large. This is not about bad cop taking an elderly persons drivers license. its about public safety. i really hate to do this, but i have no choice. if one of the above mentioned elderly people had continued on their way and killed some innocent citizen, i would be liable, along with my police department. Some things the police do is in the name of love.
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I would think it much more respectful to request the driver to surrender the license. After all, you see the street racer, you know what he's GOING to do, yet you can't pull his license. Most folks probably will surrender theirs, but it can be discussed with a judge if it needs to be. It's not their fault the court date will be 30 days.
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I believe that license seizure should only be done by direct order of a judge, though I think that the police officer should be able to state his/her case and ask the court to order a driver of questionable ability to be retested ASAP and their license suspended (by the court, not the officer) until the retest is passed. However I believe that an officer doesn't have the right to seize a license on their own. If nothing else, there is too much potential for abuse by cops less honest than you.
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YES. If a driver is unable to drive, for what ever reason, too sleepy, too drunk, too stoned, too ill, or whatever, they are a road hazzard and should be at least temporarily prevented from driving.
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