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steveski7 · Sep 5, 2009, 11:24 AM

Hello everyone, about 9 months ago I was charged with a U21BAC. I am 20 years old and blew 0.5 while driving. I was placed on probation for one year. 2 months ago I got a speeding ticket for +5mph. My probation officer did not like this at all. She told me I better not get any more tickets. And she also stated she would talk about letting me go next time. Well my worst nightmare has come true and I just received a ticket for careless driving. I have written a letter explaining what happened and stated that I will be dropping the insurance on my car and immobilizing my vehicle. I will be meeting with my PO this week. Does anyone have any ideas on how I should present this to her or anything I can do to help? Also, does anyone think that this will be a probation violation?

steveski7 · Sep 5, 2009, 11:25 AM

I also said that I will be taking a drivers safety class. Is this a good idea? Should I tell her this?

s_cianci · Sep 5, 2009, 12:12 PM

Taking the driver's safety class certainly isn't going to hurt your case any. I'm not sure whether getting a traffic ticket, in and of itself, really constitutes a probation violation. Obviously, getting two of them doesn't help your case much. Was your license not suspended because of your DUI? You may want to talk to a local criminal lawyer for firsthand advice.

steveski7 · Sep 5, 2009, 01:33 PM

No, my license was never suspended.
I forgot to state earlier that I am from Michigan.

steveski7 · Sep 5, 2009, 01:34 PM

Oops, I just read my post again and I definitely wouldn't blow 0.5... Sorry, it was 0.05

Fr_Chuck · Sep 5, 2009, 01:57 PM

It can be a violation, most likely the reason, and issues of the ticket will have a lot to do with it.
For example doing 90 though a school zone, or driving on the side walk may be issues over other problems

excon · Sep 5, 2009, 02:18 PM

Originally Posted by steveski7

Also, does anyone think that this will be a probation violation?

Hello steve:

One of your rules is to obey ALL laws. You didn't. So yes, it IS a probation violation. It's really a matter of whether your PO will actually violate you and take you in front of a judge or not.

For a SECOND driving infraction while you're on probation for a driving infraction, I'd say you're going to see the judge.

excon

steveski7 · Sep 6, 2009, 10:45 AM

What are possible punishments for a probation violation like this?

reid01 · Sep 8, 2009, 11:11 AM

One possible punishment is to make you serve jail time in the amount of what the origianal crime called for.

steveski7 · Sep 9, 2009, 08:02 AM

My probation period ends in 3 months. I am going to fight the ticket and attempt to get it reduced. Can my PO violate me if the ticket is not yet finalized?

excon · Sep 9, 2009, 08:46 AM

Originally Posted by steveski7

Can my PO violate me if the ticket is not yet finalized?

Hello again, steve:

If you want to get a laugh around the prison yard, ask the question, "can they do that?" The underlying basis for a question like that is the assumption that PO's obey the rules...

Uhhhh, that would be a mistaken assumption...

So, even though the ticket isn't yet finalized, he could find a reason... I'll bet ANOTHER requirement of your probation is to report ALL police contact... Did you report the ticket at the absolutely first opportunity?? No?? There's a reason right there...

Look. I'm not trying to scare you. I'm trying to prepare you for real life. Not everybody is as nice as you'd like them to be. So, in terms of dealing with these folks, I'd suggest you HOPE for the best, but PREPARE for the worst.

excon

steveski7 · Sep 9, 2009, 01:45 PM

My lawyer told me that I did not need to contact her (PO) until I go to my appointment. He assures me that she will not violate me.

--- Should I be worried about this?

Fr_Chuck · Sep 9, 2009, 02:21 PM

Yes, one of the rules of probation is to report things like "police contact" or criminal charges ( which tickets can fall under) the day you got them, or the day after, is when you needed to write or call the PO.

As your lawyer is that a money back promise, if they violate you, the lawyer won't charge you any money

steveski7 · Sep 10, 2009, 12:57 PM

My order of probation states:
a) defendant shall pay all fees and fines
b) Defendant shall not violate any criminal law or leave the state of Michigan.
c) defendant shall not violate the terms of probation
d) defendant shall refran from drugs
e) defendant shall seek employment/ school
f) defendant shall complete recommended drug programs

How do I figure out what my terms of probation are?

steveski7 · Oct 7, 2009, 01:53 PM

My probation officer did not violate me. She said even though I got two tickets during probation, she is not going to violate me for a traffic ticket. I go to court in an attempt to reduce my careless driving at the end of October.

steveski7 · Oct 30, 2009, 09:25 PM

Well I got very lucky with this. I went to court and fought the Careless driving ticket and got it reduced to a ticket for 5 over with no points. I was also discharged from probation. I have most certainly learned my lesson through all of this and will never be repeating them or anything like it ever again.