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Dennis Roberts, a P.C. | Dennis Roberts
No - unless it is a DUI or something serious. Just stop signs, speeding, etc. They will not revoke you.
Answer Applies to: California
Replied: 12/28/2011
Cynthia Henley, Lawyer | Cynthia Henley
Not generally although all arrests should be reported to your probation officer.
Answer Applies to: Texas
Replied: 12/5/2011
Law Offices of Kate Mesic, PA | Kate L. Mesic
This depends on the condition of the probation. Usually if it is a traffic ticket, and not a criminal traffic infraction, than most likely no. I would suggest you check the probation order, if it does not mention traffic ticket, than it would not violate you. However, I would still suggest you tell your probation officer.
Answer Applies to: Florida
Replied: 12/2/2011
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
I would advise you to retain a lawyer. If you need specific legal advice for your particular circumstances, you should consult privately with an attorney. Most attorneys provide free initial consultations. Generally speaking, probationers are prohibited from any police contact pursuant to the standard terms and conditions of probation. If a probation officer becomes aware that a probationer was picked up and charged with a criminal offense, the probation officer may request a show-cause hearing and accuse the probationer of violating the terms and conditions of their probation. Occasionally, probation officers wait until the disposition of the new case. This is a matter of professional discretion. Any probationer accused of a probation violation has a limited, basic set of rights. These rights include the right to council, the right to request a hearing, the right to have witnesses appear at their behalf, among others. However, they do not have a right to a jury trial. The rules of evidence at this hearing are relaxed. The prosecutor has a lower burden of proof. Someone, theoretically, could be convicted of a probation violation even with evidence that would not be sufficient to meet the standard of proof in a criminal charge; proof beyond a reasonable doubt. If convicted of a probation violation, the sentencing judge will review the original charge and can re-sentence a person to any applicable sanctions. In certain situations, people go to prison for felony probation violations. People accused of a probation violation will be receive notice of the alleged infraction and will be given an arraignment date. If they fail to appear, then the arraigning judge may issue a bench warrant for their arrest. Given the potential penalties, I would strongly encourage you to retain a lawyer to assist you with these matters.
Answer Applies to: Michigan
Replied: 12/1/2011
Stone Furlong Drewniak, PLLC | Thaddeus Furlong
Probation officers seek their own warrants of arrest for violations they consider significant. So the traffic officer will not automatically arrest you for a probation offense unless your probation officer has filed a warrant. If the traffic offense triggers a violation, then the probation officer must go get a warrant and that arrest (for probation violation) would occur in the future.
Answer Applies to: Virginia
Replied: 11/30/2011
Law Office of Richard Williams | Richard Williams
It depends on what the traffic violation is. Probably no warrant for speeding or running a stop sign but there could be a warrant if the charge is DUI, driving with license suspended or reckless driving.
Answer Applies to: Alabama
Replied: 11/30/2011
Epstein & Conroy | David B. Epstein
Normally one does not get a "warrant" for violation of probation. Usually the officer violates the probationer and sends him notice when to appear in court. A traffic summons could form the basis of a VOP, but this would be extremely rare, especially since one is not normally printed for a traffic offense. Of course, if the probationer's license is suspended as a result of a DWI or narcotics conviction, this presents additional issues.
Answer Applies to: New York
Replied: 11/30/2011
Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
It depends upon the nature of the traffic violation. Is it a Hit n Run, DWI, or is it a simple speeding ticket or no seat belt ticket? More than likely the latter will not constitute a probation violation but the former would be violation of probation.
Answer Applies to: Louisiana
Replied: 11/30/2011
The Law Office of B. Elaine Jones | B. Elaine Jones
Most likely yes. Part of your conditions of probation is usually that you cannot have contact with any police officers for any reason. Generally, even if you are innocent of a crime you are arrested for, the mere fact that you had contact with police is enough to violate your probation. Its possible that if the traffic violation wasn't something serious that the probation officer will not violate you but technically he/she can.
Answer Applies to: Florida
Replied: 11/30/2011
Reeves Law Firm, P.C. | Roy L. Reeves
If the traffic violation is a mere speeding ticket or running a stop light which is a a class C - there will not be a revocation on the ticket offense. However, if the traffic violation was something along the lines of driving 90 through a school zone or evading arrest (refusing to stop and taking the cops on a car chase) then yes, there will be a revocation.
Answer Applies to: Texas
Replied: 11/29/2011
Law Office of James S. Lochead | James S. Lochead
If a Defendant is thought to be in violation of probation by his P.O., a report will be sent to the court, which in turn will set a court date for a hearing on the violation and issue a warrant at the same time. Also if a defendant misses a court date for any reason, a warrant will be issued.
Answer Applies to: California
Replied: 11/29/2011
Law Office of Michael R. Garber | Michael R. Garber
A traffic violation probably is not grounds for revoking probation.
Answer Applies to: Louisiana
Replied: 11/29/2011
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends on the terms of probation and your probation officer. However, generally if the traffic violation is only a violation and not a crime ( misdemeanor or felony ) then usually that is not a violation of probation.
Answer Applies to: New York
Replied: 11/29/2011
Beaulier Law Office | Maury Beaulier
It is possible that a probation violation could result in the issuance of a warrant for your arrest. However, it is generally unlikely, it would occur based on a traffic violation.
Answer Applies to: Minnesota
Replied: 11/29/2011
John V Commons, Attorney at Law | John Commons
If we were talking directly, I would have about a dozen questions to ask you before I attempted to answer your question. Since, we can't do that all I can say is that it depends on the precise terms of your probation. Assuming, the ticket you received is only an infraction, it is not likely a warrant would be issued. The safe thing to do is either to hire a lawyer to review your specific situation and advise you accordingly or, if you are comfortable with understanding the terms of your probation, then tell your probation officer about the ticket.
Answer Applies to: Indiana
Replied: 11/29/2011
Michael Breczinski | Michael Breczinski
It depends on the traffic violation. If it was a criminal offense then yes it could violate probation or if the person was not supposed to drive a vehicle at all as part of probation. However if it was a civil infraction then it probably does not violate probation.
Answer Applies to: Michigan
Replied: 11/29/2011
Allan & Summary | Justin Summary
It is possible that a warrant could be issued because most probation terms include the condition that you will obey all laws. However, it is not likely that a warrant would be issued because most courts do not consider minor traffic violations to be serious enough to warrant a probation revocation.
Answer Applies to: Missouri
Replied: 11/29/2011
Law Offices of John Carney | John Carney
That depends on what you are charged with and whether your probation officer wants to violate you. If you were arrested I assume it was for a serious traffic offense or you would have simply received a traffic summons for speeding or a minor violation. If it was for driving on a suspended license or DWI you are facing a probation and a possible jail term. You should retain a good criminal attorney to try and have the case dismissed and to talk to your probation officer before he files the probation violation.
Answer Applies to: New York
Replied: 11/29/2011
Law Offices of Marshall Tauber | Marshall Tauber
First they get a notice for entry of an order to show cause why they shouldn't have an order of probation violation entered against them. Only after the order is entered and the defendant fails to show up in court would an arrest warrant be issued.
Answer Applies to: Michigan
Replied: 11/29/2011
Anderson Law Office | Scott L. Anderson
If you violated a condition of probation then there may be a warrant. If you were supposed to remain law abiding or if the traffic violation is a violation. Normally speeds and minor traffic offenses do not violate our probation.
Answer Applies to: Minnesota
Replied: 11/29/2011
Shane Law Office | Robert J. Shane
A speeding ticket will not trigger a probation violation in Minnesota. Even if one of the conditions of your probation was to remain law abiding, a speeding ticket is not considered a crime.
Answer Applies to: Minnesota
Replied: 11/29/2011
Law Offices of James A Bates | James A Bates
Depends on the violation. If it is a misdemeanor, such as driving on a suspended license, the answer is probably yes. If it is an infraction such as running a stop sign, probably no.
Answer Applies to: California
Replied: 11/29/2011
Baner and Baner | Jonathan Baner
What? If he was arrested for a traffic infraction then that is because he had a warrant for his arrest. One gets arrest warrants assigned for violating the terms of probation - most typically following a failure to appear at a court review hearing.
Answer Applies to: Washington
Replied: 11/29/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Most courts do not issue violations for traffic warrants. If you were arrested there may be an issue, but it should be manageable.
Answer Applies to: Texas
Replied: 11/29/2011
Austin Legal Services, PLC | Jared Austin
Is what you're really asking is can a person on probation be violated for receiving a traffic violation? That depends on what type of traffic violation I suppose. If you mean an ordinary speeding ticket or moving violation, then no. If it is something more serious such as reckless driving for example, it very well might be. That would be up to your probation officer whether or not to pursue the matter and ultimately it would be in the hands of the judge. That's why it is important not to agree to anything or plead to anything without consulting with an attorney first.
Answer Applies to: Michigan
Replied: 11/29/2011
Harden Law Offices | Leonard D. Harden
A violation of probation will probably not be issue. It really depends on case if you are a certified habitual offender then perhaps. It also depends on individual PPO, if a newer more aggressive PPO they may violate anything. It is important to report the police contact as that is a rule of probation.
Answer Applies to: New Hampshire
Replied: 11/29/2011
Law Office of Jared Altman | Jared Altman
It depends on the violation. Some traffic summonses can be very serious. But, I don't think so for a run-of-the-mill traffic infraction.
Answer Applies to: New York
Replied: 11/28/2011
Thomas Humphrey, Attorney at Law | Thomas Humphrey
It depends on the terms of your probation. If a violation of any law is a violation of probation, then even an infraction might be considered a violation of probation. Read the terms and conditions of your probation. Also, it is typical that you are required to report all contacts you have with law enforcement to your P.O. So even if this traffic violation is not a violation, you violate your probation if you do not report the event.
Answer Applies to: Idaho
Replied: 11/28/2011
Law Office of Jeff Yeh | Jeff Yeh
If the traffic violation is a misdemeanor, then yes probation will probably be violated. A PV turns into a warrant unless it is addressed immediately in court. Consider having an attorney go to court alone to try and have probation reinstated with little or no punishment.
Answer Applies to: California
Replied: 11/28/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
Typically most traffic violations are infractions and will not violate probation. Do not get a DUI or major traffic ticket that can be charged as a misdemeanor.
Answer Applies to: California
Replied: 11/28/2011
The Toler Law Firm | Henry Toler
Yes to Question # 1. Yes a warrant can be issued for any new offense if that offense violates one of the conditions of probation; In this case it depends on what type of traffic offense and the probation officer's position; for example a minor traffic offense would likely not be considered a violation but a DUI would be.
Answer Applies to: Georgia
Replied: 11/28/2011
Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
Generally, the receipt of a civil infraction (speeding, disobeying a traffic control device, careless driving, etc.) will not result in a violation of a criminal defendant's probation. However, if you mean that you were arrested for a traffic misdemeanor (operating while intoxicated, reckless driving, etc.), being convicted of such an offense would generally result in the issuance of a charge of violation of probation. A defendant is entitled to written notice of an allegation that he or she has violated probation, time to prepare for the hearing on the allegation, and the opportunity to retain counsel for the hearing. Many times, courts will, upon notification of a defendant's acquiring new criminal charges, issue a warrant for the arrest of the defendant once the court has received the written allegation of probation violation. However, most courts will not violate an probationer unless he or she is convicted of the new offense, not merely arrested for a new offense. Many times it depends on the judge handling the matter.
Answer Applies to: Michigan
Replied: 11/28/2011
The Law Offices of Jaime Cowan | Jaime Cowan
They might if probation finds out.
Answer Applies to: Colorado
Replied: 11/28/2011
Law Office of Daniel K Martin | Daniel K Martin
If the traffic violation was only an infraction then no, that cannot serve as the basis for a violation of probation. If the traffic violation is a misdemeanor then that can serve as the basis for a violation. If the person is otherwise doing well on probation there is a good chance that the probation officer will not allege a violation.
Answer Applies to: California
Replied: 11/28/2011
Connell-Savela | Jason Savela
Depends on the traffic violation and the terms of probation most probation will only violate for traffic offense that is 5 points or more or DUI, Reckless, No Insurance, Hit and Run, DUR probation can give a summons to appear
Answer Applies to: Colorado
Replied: 11/28/2011
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
Most of the time. This all depends on the DA's Office. Laramie County District Attorney's Office prefers warrants over summons. Most of the time it is quicker, cleaner, and easier for a warrant to be issued.
Answer Applies to: Wyoming
Replied: 11/28/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a person on probation violates any law it is considered a violation of his probation. He would then have a probation violation hearing in front of the judge that gave the probation. If the probationer was not taken into custody at the time of the violation then he should have a warrant for the violation. The best move in this case is for the probationer to contact the court and see if there is a warrant. If there is he should go into the court as soon as he can.
Answer Applies to: California
Replied: 11/28/2011
Lawrence Lewis | Lawrence Lewis, PC
It depends on the nature of the traffic violation and the relationship between the probationer and the probation officer. Typically traffic violations, like speeding, do not result in a violation of probation (VOP), but technically any offense may be a violation of probation
Answer Applies to: Georgia
Replied: 11/28/2011
Gutin and Wolverton | Harley Gutin
Not always. A traffic violation (I am assuming that we are discussing a civil infraction like speeding) would have to be reported as "contact" with law enforcement. Then it would be up to the probation officer. I would not think that the probation officer would violate. But said probation officer could violate and then the Judge would decide if a warrant or notice to appear should be issued.
Answer Applies to: Florida
Replied: 11/28/2011
Law Office of James E. Smith | James Smith
Usually the probation officer just arrests the person for violating probation. If it's a new criminal charge then an arrest warrant will be issued but it would be for the new charge and not for violation of probation.
Answer Applies to: Nevada
Replied: 11/28/2011
Rizio & Nelson | John W. Bussman
If the traffic violation was just a minor infraction (like speeding or failing to signal), then you're probably safe. If it was for a misdemeanor (like DUI or driving on a suspended license), then that could definitely violate your probation.
Answer Applies to: California
Replied: 11/28/2011
Law Office of Edward J. Blum | Edward J. Blum
Traffic violations usually do not trigger the 'obey all laws' condition of probation. So, if someone gets a traffic ticket s/he will not usually face a probation violation. But if they did, a bench warrant would issue for their arrest when the system was triggered.
Answer Applies to: California
Replied: 11/28/2011
Law Office of Ronald Aronds, LLC | Ronald Aronds
Traffic summonses will not result in a violation of your probation in New Jersey.
Answer Applies to: New Jersey
Replied: 11/28/2011
bark & karpf | peter bark
Usually not, unless he had no license as a result of an alcohol related conviction or the traffic infraction was alcohol related and one of the rules of probation was no drinking.
Answer Applies to: New York
Replied: 11/28/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Depends on what the traffic violation was for. If it was a misdemeanor, he might. If it was an infraction, no.
Answer Applies to: California
Replied: 11/28/2011
Andersen Law PLLC | Craig Andersen
Ordinarily, if the person on probation is arrested, the court will have the probation matter track with the new offense. If the defendant is released at the scene, a warrant would probably issue.
Answer Applies to: Washington
Replied: 11/28/2011
The Law Offices of Jason Chan | Jason Chan
Not necessarily. A person could be told to go to court voluntarily.
Answer Applies to: Massachusetts
Replied: 11/28/2011
Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
Not necessarily, but you should probably report the issue to your Probation Officer. Most of the time when someone is on Probation, a term of that is they have to report any contact with law enforcement. Usually if it is just a traffic offense (meaning speeding, tail light out, etc not criminal traffic like DUI, Hit & Run, etc), then the Probation Officer won't be that upset if at all.
Answer Applies to: Arizona
Replied: 11/28/2011
Harrison & Harrison | Samuel Harrison
Usually not for a minor traffice violation. They will probably get a probation warrant after a serious violation like DUI, Hit and Run, Fleeing and Attempting to Elude, etc..
Answer Applies to: Georgia
Replied: 11/28/2011
The Law Offices of Leifert and Leifert | Brian Leifert
Any *criminal traffic* violation will and/or should result in a violation of probation. Most Judges will issue a warrant for the violation. Bond amounts, if any, depend on the underlying offense and the facts surrounding the new charge. Depending upon the circumstances, some Judges may allow for a "surrender hearing.
Answer Applies to: Florida
Replied: 11/28/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Yes, they can have a warrant for a Motion to Revoke Probation of the DA could just call the original attorney. Either way, revoking is where you really need to lawyer up and avoid jail.
Answer Applies to: Texas
Replied: 11/28/2011
Law Office of Charles J. Block | Charles J. Block
Normally a traffic violation will not trigger a probation violation unless the conditions of the probation prohibit certain activities such as no alcohol and the person is charged with a DWI
Answer Applies to: New Jersey
Replied: 11/28/2011
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
In most instances yes.
Answer Applies to: Illinois
Replied: 11/28/2011
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
A major traffic violation may cause a probation violation. Examples of major violations are DUI, driving with a suspended or revoked license, and reckless driving.
Answer Applies to: Colorado
Replied: 11/28/2011
Charles M. Schiff, Attorney at Law | Charles M. Schiff
If the new traffic violation constitutes a violation of probation, the probationer will probably receive a summons to appear in court on a specified date and show cause why he/she should not be held in violation of probation. This is the most common method for commencing a PVH (probation violation hearing).
Answer Applies to: Minnesota
Replied: 11/28/2011
Dunnings Law Firm | Steven Dunnings
It could be a basis for a probation violation.
Answer Applies to: Michigan
Replied: 11/28/2011
Law Office of Brendan M. Kelly | Brendan M. Kelly
Any person on probation has to inform the probation officer of the ticket. You will get a warrant if they find out about it and you didn't tell them. A person on probation is not eligible for probation on the new charge.
Answer Applies to: Nebraska
Replied: 11/28/2011
The English Law Firm | Robert English
Probably not. A misdemeanor traffic offense such as DUI or Reckless Driving would be a violation. Normally, minor traffic infractions such as speeding are not.
Answer Applies to: California
Replied: 11/28/2011
Law Office of Richard Southard | Richard C Southard
Whether or not your probation officer moves to violate you depends on the type of traffic violation. It may not come in the form of a warrant. There are other ways which they can move to violate you.
Answer Applies to: New York
Replied: 11/28/2011
Miller & Harrison, LLC | David Harrison
It might be that instead of having a warrant issue, the court will just order you to appear at a given place and time to have the probation violation hearing and / or discuss it. However, a traffic violation (like speeding or running a stop sign) may not violate your probation as they often don't (they are non-criminal traffic infractions). However, a Reckless Driving, Careless Driving, DUI, etc. likely would lead to a revocation of your probation.
Answer Applies to: Colorado
Replied: 11/28/2011
Law Office of Phillip Weiser | Phillip L. Weiser
It is possible to get a probation violation if you are arrested for another violation of any law, but whether it actually goes to a warrant status is up to the discretion of the probation officer and the judge.
Answer Applies to: Kansas
Replied: 11/28/2011
Betts Legal Services | Shawn M. Betts
That depends on what the conditions of probation are, and how serious the new offense is. Sometimes a traffic violation is not viewed as serious enough to violate probation, but if the person is required to remain law abiding, the new charge could be a violation. Sometimes a court date is scheduled without a warrant as well to deal with the violation.
Answer Applies to: Minnesota
Replied: 11/28/2011
