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Do you need to list any moving violations, you received with a DUI, on criminal background checks?

Duluth, GA |

I got a years probation for the DUI, and a year each for erratic lane change, and following too closely.

Attorney Answers 3

Posted

Asker- I read your comments to the previous poster. The simple answer is yes, the lane change and following too closely tickets are criminal convictions here in Ga because they are punishable by 12 months in custody and a $1000 fine. However, the previous poster is correct- they are normally considered on regular job applications to be moving violations rather than criminal convictions. Here is the bigger problem. You have a conviction for DUI which is a much bigger deal than the other two charges. If they are not going to hire you it will be because of the DUI not because you did not list the other two charges. You have to make a decision based on what was asked on the application on how to answer the question. Sounds like you have to list the DUI. If you are on active probation, your future employer may ask about that or even dismiss you once it is discovered. These are the difficulties faced by anyone who pleads guilty to a crime of any magnitude. It is very important that you have competent counsel from an experienced criminal defense attorney before you get the conviction. I hope that helps.

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Asker

Posted

Thank you for clarifying this. It's exactly what I thought. Probation was over 6 months ago, however. It was just that I wanted to be able to answer honestly on my app......many thanks, again!

Posted

I cannot answer your question, since you are, presumably, asking about filling out a questionnaire. Carefully read the question you are responding to and that should answer your question to this website. Good luck!

The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

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Asker

Posted

Sorry! to be more clear, if you are asked to list all convictions of crime only, not moving violations, would you list those as crimes, because you got them at the same time as the DUI, even though they are technically traffic offenses?

A James Rockefeller

A James Rockefeller

Posted

READ THE QUESTION!!! Lane change and following too closely are moving violations. DUI is typically considered a crime.

Asker

Posted

Oh wow! I thought this place was for friendly advice. As stated above, since I received an additional year of probation for the 2 traffic offences year i.e a total of 3 years consecutive probation, does that somehow deem those tickets as crimes on a technicality.........I've never heard of anyone receiving probation for moving violations before!

A James Rockefeller

A James Rockefeller

Posted

I don't know who you are, but if you feel the advice is not "friendly" it is because you want me to change my answer because you do not like it. READ THE QUESTION! And, since none of us on this webpage actually have what you have in front of you, if my advice is not what you want to hear, pay an attorney to sit down with you and go over it with you. I am not giving you any different advice no matter how many different ways you ask it. I told you that lane change and following too closely are MOVING VIOLATIONS, which you indicated was excluded from having to be reported on the questionnaire. I can say nothing more than this without actually having the questionnaire physically in front of me. If I were to give advice more than I have, I would actually be violating my ethical responsibilities as an attorney and/or exposing myself to being sued by you for malpractice.

Asker

Posted

Pardon the confusion. My impression is all "caps" meant someone is shouting at you. I'm certainly not expecting you to change your advice. I'm adding further comments, because I realize I'm not making myself clear enough. The problem is, I have a job app' to fill out, and I guess I'm trying to find out if when one has accepted the sentence of 1 years probation for a traffic ticket, instead of just a fine, AND that ticket was attached to a simple DUI, can that change the status of a traffic offense into a crime? Had those tickets been independent of the DUI, I wouldn't be asking the question. I don't want to be inadvertently evasive by not listing them as crimes. I'm not expecting you to respond, merely attempting to clarify!

A James Rockefeller

A James Rockefeller

Posted

And my reply is to read the question and my comments above. If you really, really need a better answer, take the form to an attorney.

Posted

Following too close and improper lane change are moving violations. If you are told to exclude moving violations, I would leave them out.

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Asker

Posted

Thank you!

Howard M Lewis

Howard M Lewis

Posted

Great counsel

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