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Driving While Suspended Pre Trial Diversion Affect Existing Probation - How

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  • 10-18-2011, 02:42 PM
    neverescaping
    Driving While Suspended Pre Trial Diversion Affect Existing Probation - How
    My question involves criminal law for the state of: KANSAS

    So, I'm on Probation for Retail Theft over a year ago. I was driving in KS and did NOT know my license was suspended (long story) due to failure to provide current insurance. Anyway, my license has been reinstated since then.

    Anyway, I'm going to Pre-Trial Diversion for this charge of DWS which is NOT alcohol related, and a simple mistake which has blown up into something huge. My PO knows about it and says I'll have to come back to court. I'm on Month 11 out of 12 on my Probation and have kept myself out of trouble aside from this. I would probably have never known my license was suspended except I got pulled over for a "Tag light being out."


    Do you all have any idea of what is going to happen with this? I've managed to get a decent job which I planned on working until I can get my record expunged, which seems like NEVER now as no matter what, something ridiculous happens to me. :grumpy:


    Thanks for any insight.
  • 10-18-2011, 03:13 PM
    viol8te
    Re: Driving While Suspended Pre Trial Diversion Affect Existing Probation - How
    More than likely, nothing. It was an issue unrelated to your original basis for probation. However, it violated your court order because a DWLS is an arrest.

    You can't use your license as bond because your license is invalid. As a result, you are arrested and you have to bond out. That's why you were violated. Your court order stated that you are not to violate any crinimanl stautes in any jurisdiction.

    So you will have to face the judge due to that breach of your contract. But as I said earlier, you should not have too much of an issue. worst case scenario is that you will not finish in 12 months. The judge may make you wait for your traffic case to come to a decision before s/he makes a determination on how to rule on your current probation. Unfortunately, if the judge finds you in violation and terminates your probation unsatisfactory, then it becaomes a permanent conviction.
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