My son can't get his driver's license reinstated because of a judgement.

[OhioFiler]

Actually that is exactly what I do. I've never gotten a speeding ticket or been stopped by the police EVER.

Any intellegent person would know that theses risks are not worth what the consequenses could be. Advocating that breaking the law is ok as long as you don't get caught is wrong plain and simple and you can't say anything that would justify that.

Sure. You've never rolled a stop sign or drove over the posted speed limit.

I've not stated you have ever received a ticket or been stopped by the police. However, your own admission indicates to me that you would be an ideal candidate to drive without a license in the situation we are debating. If I assume you are 24 years old then it is reasonable to expect you have 8 years of safe police free driving experience. Anyone who chooses to drive as safely and cautiously as you do will avoid the police and the risk of being caught driving while suspensed is minimal. Your own intellect(and driving history) shows the lack of risk outweighs the potential consequences.

Speaking in absolutes is no way to go through life. Life is too full of grey to see everything in black and white.

[OhioFiler]

I meant it is dealt with similarly to a typical driving infraction such as speeding.

[mountanddo]

Driving on a suspended license is wrong not matter how you twist it. Whether or not you can get away with it or the chances of you getting caught are slim is irrelevant. Now matter what you say you aren't going to convince people that doing something illegal no matter what the reason is right.

I think this thread should be closed now. Arguing reasons why it is ok to break the law isn't why we are here.

[OhioFiler]

Driving on a suspended license is wrong not matter how you twist it. Whether or not you can get away with it or the chances of you getting caught are slim is irrelevant. Now matter what you say you aren't going to convince people that doing something illegal no matter what the reason is right.

I think this thread should be closed now. Arguing reasons why it is ok to break the law isn't why we are here.

Actually, Ohio specifies affirmative defenses to charges of driving without a license. There are times when doing so is perfectly legal.

[justbroke]

I meant it is dealt with similarly to a typical driving infraction such as speeding.

Driving on a suspended license is not a (civil) infraction. Please review your State's laws!

[OhioFiler]

Driving on a suspended license is not a (civil) infraction. Please review your State's laws!

C) Whoever violates this section is guilty of operating a motor vehicle or motorcycle without a valid license and shall be punished as follows:

(1) If the trier of fact finds that the offender never has held a valid driver’s or commercial driver’s license issued by this state or any other jurisdiction, or, in a case involving the operation of a motorcycle by the offender, if the offender has never held a valid license as a motorcycle operator, either in the form of an endorsement upon a driver’s or commercial driver’s license or in the form of a restricted license, except as otherwise provided in this division, the offense is an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars; and, notwithstanding division (A)(3) of section 2929.27 of the Revised Code, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of section 2705.02 of the Revised Code that may be filed in the underlying case. If the offender previously has been convicted of or pleaded guilty to any violation of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.

(2) If the offender’s driver’s or commercial driver’s license or permit or, in a case involving the operation of a motorcycle by the offender, the offender’s driver’s or commercial driver’s license bearing the motorcycle endorsement or the offender’s restricted license was expired at the time of the offense, except as otherwise provided in this division, the offense is a minor misdemeanor. If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.

(D) The court shall not impose a license suspension for a first violation of this section or if more than three years have passed since the offender’s last violation of this section or a substantially equivalent municipal ordinance.

(E) If the offender is sentenced under division (C)(2) of this section, if within three years of the offense the offender previously was convicted of or pleaded guilty to one or more violations of this section or a substantially equivalent municipal ordinance, and if the offender’s license was expired for more than six months at the time of the offense, the court may impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.

[justbroke]

A misdemeanor is a criminal offense (period). It is not a civil infraction. While a minor misdemeanor results in no prison time, you can be arrested for this "minor" misdemeanor. Again, I'd rather not be arrested and would not like to have any misdemeanor on my record. (They may not be able to arrest you in Ohio for solely a minor misdemeanor.)

The point I was trying to make is that a civil infraction and a misdemeanor, minor or not, are two different things. i would never advocate someone intentionally violating a law which has an actual criminal conviction associated with it. Running a red light -- absent of some sort of contributory negligence or other crime being committed at the time -- is a different thing.

So, thanks for posting the law which clearly identifies it as a criminal act (a minor misdemeanor). I don't think you would be arrested, but certainly, if you were caught again, you would be thrown into jail and expose yourself to further suspensions, fines and maybe some jail time.

[justbroke]

It's interessting, in Florida, they base it on the "knowledge" that you have at the time of being caught driving on a suspended license...

322.34 Driving while license suspended, revoked, canceled, or disqualified.-

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

If you did not know, then it is a moving violation (much like running a red light). However, if you had knowledge, as listed above, then it changes to a misdemeanor of the second degree.

So I think Florida treats it the way you think of it OhioFiler.. at least the law is clearer here. However, if we go back to the OP, they did have knowledge of this suspension, so in Florida, they'd definitely be a misdemeanor of the second degree.

[OhioFiler]

G) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:

(1) For an offense committed prior to January 1, 2004, a fine not exceeding one hundred dollars;

(2) For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars, community service under division (D) of section 2929.27 of the Revised Code, or a financial sanction other than a fine under section 2929.28 of the Revised Code.

[justbroke]

I think Florida is clearer. For Ohio, it's still a conviction and it will be reported to your insurance. I think that's the worse part of receiving points or a conviction on your driving record.

[TomTea31]

A misdemeanor is a criminal offense (period). It is not a civil infraction. While a minor misdemeanor results in no prison time, you can be arrested for this "minor" misdemeanor. Again, I'd rather not be arrested and would not like to have any misdemeanor on my record. (They may not be able to arrest you in Ohio for solely a minor misdemeanor.)

The point I was trying to make is that a civil infraction and a misdemeanor, minor or not, are two different things. i would never advocate someone intentionally violating a law which has an actual criminal conviction associated with it. Running a red light -- absent of some sort of contributory negligence or other crime being committed at the time -- is a different thing.

So, thanks for posting the law which clearly identifies it as a criminal act (a minor misdemeanor). I don't think you would be arrested, but certainly, if you were caught again, you would be thrown into jail and expose yourself to further suspensions, fines and maybe some jail time.

This! Plus I'd like to add if you ever want to move into an apartment and want something that is not in the ghetto then you better not have a misdemeanor. A lot of places, including employment will frown on it even if it's something very minor. The company I work for won't hire anyone with ANY kind of criminal background whatsoever. They consider it poor moral character.

[Flamingo]

This thread is being closed inasmuch as it has run its course and has gotten entirely off track.