The terms of my 1st offence DUI probation were that I obey all laws, not drive without license, but I have received 8 active traffic citations in the last 6 months. Does that violate my probation and will I go to jail??
Criminal Defense Attorney
It really depends on what the citations were for. One violation that would cause problems with your probation is driving illegally while your license is suspended or restricted. Beyond that you may well have a problem beyond violating your probation and that is being treated as a negligent operator by the DMV. I can't tell how many points have been put on your record by these 8 violations but I would not be surprised if you had not passed the limit. This in itself could cause a license suspension.
If your probation is violated you need top hire a lawyer ASAP to avoid doing a stretch in the county jail.
Criminal Defense Attorney
usually 4 points in one year, 6 points in 2 years, and 8 points in 3 years will get you into trouble with DMV, just for being a bad driver.
DUI / DWI Attorney
Counsel is correct. Your biggest issue will likely be in the number of citations/possible points, as follows:
If you start accumulating California tickets for moving violations, which count as 1 or 2 points, you may be considered a negligent operator and may lose your California privilege to drive. If so, your Attorney can help you.
You will be considered a California negligent operator if your California driving record shows any of the following point count totals:
* 4 points in 12 months
* 6 points in 24 months
* 8 points in 36 months
For example, most San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego DUI, are designated as 2 points. Most ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego "at fault" accident is normally counted as 1 point.
You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately. Usually, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV.
The San Diego DMV negligent operator hearing is limited to the following:
* Correctness of your San Diego California driving record.
* Determination of any pending San Diego court charges, collisions or convictions not show on the record.
* Physical and mental conditions related to the California driving record.
* Responsibility of driving for any San Diego accidents on the driving record.
* Alcohol consumption related to any major violations or San Diego accidents.
* Mitigating factors such plans for improvement and corrective measures, need for the license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, any other hardship for the San Diego driver, etc.
* Aggravating factors such responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violations of probations or other terms and conditions of the San Diego action, etc.
Possible Decisions of the San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
* Sustain the San Diego California DMV action.
* Order probation and modify the suspension period.
* Modify Probation vacate the suspension and order a restriction.
* Order probation only to monitor future driving.
* Set aside the San Diego DMV action for lack of evidence.
* Set aside the San Diego DMV action for lack of notice of hearing.
* Take no action other than what is currently in effect if non-appearance by driver.
* Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Drivers License can be reissued or returned to you after a suspension or restriction.
Criminal Defense Attorney
I have never heard of a traffic citation as grounds for a probation violation but failure to appear on them, filed as a misdemeanor, would be.