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Can a traffic citation violate my probation?

Hollywood, FL |

I was at dinner with my wife and as she was driving us home, she became ill and started to throw up, crying and become really sick due to the food at the restaurant... I dont have a driver's license, but I had to drive her home because it was an emergency. As I were driving us home, there was an officer who pulled us over, saying he was stopping random vehicles to search for drugs. I gave him my ID, and when he saw i was on probation, he detained me and ran my name, but since i was in the clear, he didnt arrest me, all he did was give me a traffic citation after i explained why my wife was tired, sick, and crying.
I wouldnt have drove if it wasnt an emergency! my wife was throwing up and sick.
What shoud I do?!? Please help!

Attorney Answers 4

  1. If the citation that you received was for driving with a suspended license, then you have been charged with a misdemeanor. Not with a civil traffic infraction. You could face a violation of probation, since this is a new law violation. However, under certain limited circumstances such as wgat you have described, there is a defense that you may be able to use to clear yourself and not be punished. Let me know if you'd like to discuss that further. All the best!

    " If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." ~ Red Adair

  2. It depends what the citation is. If it's a civil violation, it won't violate you. If it is criminal, it will. Check your ticket to see what the charge is. In either case, the officer sure didn't have reasonable suspicion to pull you over if what your saying is true regarding the basis for the stop.

  3. A charge of No Valid Driver's License or Driving While License Suspended or Revoked would both violate your probation as they are criminal offenses. You may have a defnse of necessity and a possible motion to suppress issue on the stop. You should consult with a local attorney ASAP.

  4. Which statute di he cite your for? NVDL could violate your probation since it is a crime. A traffic infraction won't.

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