Traffic Ticket=Probation Violation
Hi-
I am on criminal probation for a DUI in Michigan and am about 5 months into a 2 year term of probation. This past week, I received a traffic ticket for running a yellow/red light. Is it common to be violated on my probation for this? I have been clean up until this point but my probation does state that I am not to break any laws. Thanks for your help.
Answer
Re: Traffic Ticket=Probation Violation
Technically, "running a red light" is a "civil infraction" violation of the motor vehicle code ... it is not a misdemeanor or felony. So, you have to look at your probation order to see if it says "don't violate any laws" or "don't violate any criminal laws (misdemeanors or felonies).
Also, if your driver's license is suspended (or the probation order said you cannot drive), then the fact that you WERE driving is a violation.
The civil infraction will go on your driver's record, if you were convicted. Your probation officer can (and probably will) run your record, and could then see that you committed a driving offense. So, why not be "up front" about the issue? Most P.O.s get more "p.o.-ed" about probationers who do not tell them about problems, than for probationers who get in trouble and report it on their own. (But thats coming from a prosecutor's perspective, so you might want to chat with a criminal defense attorney about the best strategy.)
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