Am I breaking the DUI probation if I got an over speeding ticket? 38 Answers as of May 30, 2013

I got a DUI 3 month ago and advised not to get any violation for a year. Unfortunately, I got a ticket for over speeding.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. Generally speaking, any contact with police could trigger a probation violation; however, it depends on the circumstances and probation officers have a lot of discretion regarding whether to proceed.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Usually a speeding ticket will not violate a DUI diversion.
Answer Applies to: Kansas
Replied: 3/23/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Technically, you have violated the conditions of your good behavior or your probation. However, most courts do not revoke based upon receipt of a speeding ticket, unless there are aggravating circumstances or you were driving when your driving license was suspended. ?
Answer Applies to: Alabama
Replied: 3/23/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Probably not unless you were not supposed to be driving at all then it would be a different matter.
Answer Applies to: Michigan
Replied: 3/22/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Shouldn't be an issue unless you were driving outside of your restriction on the license.
Answer Applies to: Michigan
Replied: 3/22/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    In Oregon typical enhanced bench probation for a DUI includes 'no new law violations'. This typically does not include things like speeding tickets, parking tickets, red light tickets as they are not 'crimes' but 'violations'. A speeding ticket should not effect your probabtion but it would be best to confirm this with a DUI Lawyer in your area.
    Answer Applies to: Oregon
    Replied: 3/22/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    It is because you violated the law but if you are on probation for DWI it is unlikely anything will happen. But, be sure to report it per your conditions.
    Answer Applies to: Texas
    Replied: 3/21/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    A speeding ticket will violate your DUI probation. However, the prosecution may not file a probation violation charge.
    Answer Applies to: California
    Replied: 3/21/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Non substance traffic violations should not violate any probation terms. Crimes would, but not violations.
    Answer Applies to: Oregon
    Replied: 3/21/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Were you driving on a suspended license? If you had a valid license you are likely ok. It depends on the exact terms of your plea.
    Answer Applies to: California
    Replied: 3/21/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    If the court imposed probation conditions to 'obey all laws', a speeding ticket would be a technical violation. However, most judges do not consider minor violations of law, not related to alcohol, to be a violation.
    Answer Applies to: Nevada
    Replied: 3/21/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You will have to report it to your probation officer and yes they could use it to violate your probation.
    Answer Applies to: Nebraska
    Replied: 3/21/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    I have a couple of questions. Is your license under suspension. If you conviction was 3 months ago, you had to have received at least a 90 day license suspension. Otherwise, it would depend on your sentence. If the State placed a charge on file, meaning there was no conviction, they could bring the DUI case forward based on your violation.
    Answer Applies to: New Hampshire
    Replied: 3/21/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Not normally a violation of probation, unless your probation specifically states no traffic offenses or violations. It is not a crime or criminal activity if less than 30 over the limit.
    Answer Applies to: Maine
    Replied: 3/21/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    In Massachusetts a speeding ticket is a civil infraction. If you are on probation for a DUI, but ticket will not cause a probation violation. New criminal offenses or a violation of the terms and conditions of your probation contract, will trigger a probation violation.
    Answer Applies to: Massachusetts
    Replied: 3/21/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    No, you're fine.
    Answer Applies to: California
    Replied: 5/30/2013
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes, you can have your probation revoked for breaking any law, including speeding laws. It will be in the discretion of your probation officer if and when he finds about about the speeding ticket.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Technically yes it is a violation of your probation since you violated a law. However, practically, most prosecutors will not revoke your probation on a traffic violation.
    Answer Applies to: West Virginia
    Replied: 3/21/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    Whether the State would seek to revoke your probation would likely depend on the speed at which you were driving.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If you had a valid license when you got the speeding ticket, you should not have violated any probation.
    Answer Applies to: Pennsylvania
    Replied: 3/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That is a traffic violation, but it might be a problem if the sentencing court finds out and wants to re-sentence you because you violated a condition of the "Conditional Discharge" or of the sentence.
    Answer Applies to: New York
    Replied: 3/21/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You very well could be. Often times, the judge will order, as part of your sentence, that there be no violations of the law. If that is the case, you could have a problem.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Unless your speeding was specifically prohibited by your probation requirements or it was a misdemeanor speed it most likely will not affect your probation status. You should have an attorney review your sentencing from the DUI to be sure!
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In my opinion, you will not be violated for getting a minor moving ticket, however, if it was aggravated speeding, a misdemeanor, you could be violated, and I presume your license was not suspended for the statutory summary suspension at the time. If it was, you are facing a mandatory 10 days jail sentence, or 240 hours of community service.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes. However, this will likely not affect your probation status due to it being an infraction- the criminal court is not likely to get involved.
    Answer Applies to: California
    Replied: 3/21/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Most DUI probation says no revocation traffic unless 5 points or over get a 2 point offer and take it after reviewing your probation paperwork.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Was your case still pending or had your license been taken for dui when you were caught driving. It makes a BIG difference.
    Answer Applies to: New Jersey
    Replied: 3/21/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    In Cook County they only violate for class A misdemeanors, which would require speeding 40 mph over.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You have violated probation, but your probation officer will probably not violate you, unless you have otherwise been an a**hole.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It depends on the terms of your probation.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You're fine, infractions won't violate probation.
    Answer Applies to: California
    Replied: 3/20/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Generally judges will not violate your probation for civil infractions. Even if the probation officer violates you and your arrested for said violation most judges would not punish you for that.
    Answer Applies to: Florida
    Replied: 3/20/2012
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    It's probably not a probation violation unless the speeding ticket also involved alcohol or drugs because you are on probation for DUI. However, my advice is that you should consider hiring a traffic law attorney to get your speeding ticket amended to a non-moving, no-point infraction so nothing will appear on your driving record.
    Answer Applies to: Missouri
    Replied: 3/20/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Technically yes. You?ll find out whether probation violation is going to be charged when you go to court on your first appearance at arraignment.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    An infraction will not violate your probation.
    Answer Applies to: California
    Replied: 3/20/2012
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