Am I going to get a probation violation?

Question

Here's the deal.. I am on a 2 year probation for a DWI. My drivers license is not suspended in the state that I live in, but I can not be issued a license due to a suspension in another state (long story that will be taken care of within the next year) Anyway, I got pulled over last week and was issued a "driving without a valid license" ticket. I was told I could pay the fine, didn't have to appear..etc. I let my probation officer know emmidietely, and was told today that if I do not fix this ticket, she will report it and I will have to appear for a probation violation and do 120 days in jail. Okay, so in order to fix this ticket, will my attorney ask me to get my license back? I can not do this at this time, so I am hoping that maybe my attorney will be able to get me community service and or a fine, to drop the ticket? I will no longer be driving with no license, but I can not afford to do 120 days in jail, I have a family! Please help!

Answer 1

Part of being on probation (as outlined in your sanctions) is to follow the law. Any violation of law is grounds for a PV.

As I am reading your question, your driver's license has been suspended and you were caught driving anyway.

(Technically, am I correct that you did not tell the Officer that your license was suspended in another state and you just didnt have it with you? That would give a "driving without a valid license" ticket versus the more correct "driving under suspension" which it should have  been.)

You did the right thing by reporting this to your PO. Now your PO says to fix this or get violated. If you plead guilty ( for community service) that will violate you. If you just pay it, that is also an admission of guilt with the same result.

From a legal standpoint, the only way to "fix" this ticket is to show a valid driver's license in court, which you say you cannot do at this time.

Best and only advice would be to consult with a decent attorney. Lay it all out on the line and see if there are any legal options available within your jurisdiction.

As a straight up question, you violated yourself by driving under suspension. Your PO is just waiting now to see what the court will do.

Best of luck and I hope this is useful to you