I was convicted of Misdemeanor DUI in San Mateo (CA) county in Oct-2011 and was on informal probation. 4 months back (April-2013) my petition was granted for 1. termination of probation pursuant to section 1203.3 PC & 2. Grant record clearance pursuant to section 1203.4 PC. Yesterday I was pulled over and cited for using cell for while driving. On ticket it is marked as Infraction. I'm worried if this will cause any damage to terminated probation. What are the chances of reinstating my probation terms? Is this ticket violation of probation terms? Also, does this infraction add any point to my driving record? Please help.
If your DUI probation was already terminated pursuant to 1203.3, a new offense of any type cannot violate an already terminated probation because the San Mateo County Court no longer has any jurisdiction on you. I do want to point out here that even if your probation had not been terminated, an infraction will not generally violate a type of informal or formal probation. Additionally, if you are convicted of cell phone use infraction, it will not add any points to your license. You will have to pay a fine if you plead quilty or no contest to this infraction.
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