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  1. #1

    Default What Are the Legal Implications of a Violation of Probation

    My question involves criminal law for the state of: Maryland

    So my brother had a DUI case about a year ago. The DUI resulted in an accident, however the state decided not to prosecute on the accident charge, but just on the DUI charge. He received a PBJ and had to pay some fines.

    Recently I saw that his case change from Probation to "Violation of Probation". There is now the name and information of a probation officer attached to the case and a court date set for the month of July. He didn't indicate much, but I think it was due to a speeding ticket he got recently that he didn't go to court or pay, this resulted in a Failure to Appear which suspended his license. Later I see a Suspension recall, so I guess he settled it, however I suspect this "activated" a probation violation.

    So my question is this.

    1. Can a speeding ticket cause a dui probation violation? (such as described in this case)

    2. How does this typical work, I was told that someone on probation who violates their probation dosen't get the same rights in courts as they would in "normal situations". Someone told me that once you violate a probation like this you automatically go to jail. So his attorney would have to ask for the bail amount to prevent him from being committed upon the court case?

    3. How legally complicate would this now become for my brother. Would he "automatically go to jail"?

    Thanks

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What Are the Legal Implications of a Violation of Probation

    Considering the fact that the information provided is second hand, it is difficult to provide a solid answer. Most DUI's will result in a suspension of your driver's license. There is no inclusion of his total court conditions. There is no concrete basis for violation provided. There is no fact based info provided to assist in giving a sound response.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Are the Legal Implications of a Violation of Probation

    In Maryland, the suspension occurs administratively 45 days after you blow .08 or refuse. The DUI while on PBJ doesn't result in a suspension itself, because it's not a conviction. PBJ is not peanut butter and jelly, but probation before judgement. Yes a ticket may indeed result in a termination of the PBJ probation. This means the conviction will be entered and then whatever statutory penalties the judge wishes to assess (up to a year in jail, $1000 fine, six months additional suspension, there are no statutory minimums at this point).

  4. #4

    Default Re: What Are the Legal Implications of a Violation of Probation

    Quote Quoting flyingron
    View Post
    In Maryland, the suspension occurs administratively 45 days after you blow .08 or refuse. The DUI while on PBJ doesn't result in a suspension itself, because it's not a conviction. PBJ is not peanut butter and jelly, but probation before judgement. Yes a ticket may indeed result in a termination of the PBJ probation. This means the conviction will be entered and then whatever statutory penalties the judge wishes to assess (up to a year in jail, $1000 fine, six months additional suspension, there are no statutory minimums at this point).
    Thank You, I'm aware PBJ is not Peanut Butter and Jelly. LOL

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