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Criminal Traffic Violation, and Possible Probation Violation

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  • 01-09-2006, 12:42 PM
    paoandrea
    Criminal Traffic Violation, and Possible Probation Violation
    I recently got a criminal traffic violation for expired tag, no proof of insurance and driving with a suspended license. Since then I have renewed my tag, got car insurance and reinstated my license. But I was told I cannot just pay a fine I have a mandatory court hearing. I am also on felony (unsupervised) probation for which I have served half my time with no problems. What will happend at the traffic hearing? Do I need an attorney? Will I be placed on probation violation, if so should I notify my probation officer? Please help I am very worried.
  • 01-10-2006, 03:00 PM
    Mr. Knowitall
    Court Hearing for Traffic Violations
    It sounds like you are charged with at least one traffic misdemeanor. You should definitely consult a criminal defense lawyer, to clarify exactly what you are charged with and to try to work out a resolution that won't threaten your probation.
  • 01-10-2006, 05:31 PM
    paoandrea
    Thank you for responding, I have an appointment with the attorney who handeled my felony case two years ago. But I was wondering if you can answer some questions for me since my appointment isn't till next week and I am feeling anxious over what may happen. Should I notify my probation officer? Or will this definetly get me a probation violation? Since I am on unsupervised probation I actually don't know who my probation officer is, and since I haven't had any contact with any probation officer or the probation office in almost 2 years how will they know that I violated probation (if in fact I did violate probation)? Lastly, when I attend the hearing for the DWSL can the Judge on that case place me on probation violation? Thanks for any help/advise
  • 01-10-2006, 06:00 PM
    Mr. Knowitall
    I doubt that you have any obligation to tell the probation officer about a mere traffic ticket, but if it is a traffic misdemeanor (a criminal offense) you would normally be required to tell your P.O.

    So clarify the charges with your lawyer, and find out if this is something you have to report. If you are convicted of a crime, no matter how minor, you should assume that your probation officer will eventually find out about it. And if the probation officer is surprised, the consequence to you may be significantly less pleasant than that from voluntarily informing your P.O.

    Probation violations are normally handled by the sentencing court, which is not likely to be the court which handles your traffic ticket.
  • 01-11-2006, 09:53 AM
    paoandrea
    Thanks again, just a few more questions. On the DWLS charge my arraignment is set for Febuary 1, 2006 and since the citation was given to me I have renewed my Drivers License ( I checked with the DMV and it states my license is valid). The reason it was suspended was because I let my insurance lapse and it was cancelled, this happened due to the fact that at the time I was living paycheck to paycheck and went through two hurricanes one of which left me jobless for 2 weeks. I am back on my feet and got car insurance again and as I stated renewed my license.

    Further, my driving record is pretty clean, only one traffic ticket 3 years ago for speeding for which I went to driving school for, I have no accidents. Is this a good defense, will it help? Is there any possibility of getting this charge dismissed or just pay a fine? If not would it be best to have my attorney go to trial to try and get the charges dropped?

    Thank you again.
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