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Probation Violation for Driving With a Suspended License

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  • 12-05-2006, 07:40 AM
    abba926
    Probation Violation for Driving With a Suspended License
    My best friend was put in jail for assult with a deadly weapon but was not the person with the weapon just driving the vehicle and spent 3 months in jail. When he got out he was sentences to 7 years probation. For a seat belt violation and not paying it he had his lincense suspended and got arrested for that because he was pulled over. His Po told him that was violiation of probation and will go back to jail. He was told if he violiated it it could be up to two years he spent in jail. My question is that if it is just for a suspended lincense he was not aware of will he only have to spend 30 days in jail or 2 years? Can he tell the judge his circumstance and could it just be dropped? Please help with any advice you can give.
  • 12-05-2006, 07:50 AM
    panther10758
    Re: Probation Violation for Driving With a Suspended License
    Probation requires "you violate no law" its that simple! P.O.'s tend to lean toward violating theri clients because it simpler and less paperwork! "Not knowing" is NOT a good defense! If your friend gets out of this without spending more jail time tell him to watch closer next time. simple fact is he did violate probation terms!
  • 12-05-2006, 08:04 AM
    seniorjudge
    Re: Probation Violation for Driving With a Suspended License
    Quote:

    Quoting abba926
    View Post
    My best friend was put in jail for assult with a deadly weapon but was not the person with the weapon just driving the vehicle and spent 3 months in jail. When he got out he was sentences to 7 years probation. For a seat belt violation and not paying it he had his lincense suspended and got arrested for that because he was pulled over. His Po told him that was violiation of probation and will go back to jail. He was told if he violiated it it could be up to two years he spent in jail. My question is that if it is just for a suspended lincense he was not aware of will he only have to spend 30 days in jail or 2 years? Can he tell the judge his circumstance and could it just be dropped? Please help with any advice you can give.

    You can certainly tell the judge your side of the story; whether the judge buys it or not no one knows.

    "I really didn't know" is a lame excuse.
  • 12-05-2006, 10:37 AM
    aaron
    Re: Probation Violation for Driving With a Suspended License
    Yet it is an excuse which is more likely to be accepted in the context of a driving suspension over an unpaid ticket, particularly where the person can show that the notice of suspension went to the wrong address.
  • 12-05-2006, 11:04 AM
    panther10758
    Re: Probation Violation for Driving With a Suspended License
    The way I read it the court suspended his license so he had to be aware if it.
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