I'm on probation and got arrested for driving while license invalid

Asked over 3 years ago - Mckinney, TX

I'm on probation for fleeing a police offer. I recently got pulled over and was arrested for driving while my license was invalid. (class C misd.) My license was only suspended for 8 days. Will this violate my probation?

Attorney answers (4)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . Yes, a law violation violates your probation. However, they may not revoke your evading probation because of this class c offense. Your judge will have guidelines that the probation officers follow - some of which allow them some leeway in making decisions on filing to revoke. This could easily be one. (And, even if your p.o. presents the case to the probation liasion officer to the court, and that officer presents the case to the court, if you have done everything else required of you and you fixed the suspension problem, the judge may not waste the court's time with filing a revocation.)

    Your best bet is to make sure that you are current on everything or ahead so that they have less desire to "hurt" you. And, be courteous to your p.o. at all times. People just don't get it that these people have a lot of power over your freedom.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more
  2. Peter Andrew Schulte

    Contributor Level 8

    Answered . It does depend on the court where you are on probation, and the charge you are on probation for. Generally, most courts will NOT revoke a probation for a Class C misdemeanor (Traffic ticket).

    Additionally, if the arrest occurred in Collin County, Texas and you were not booked into the county jail (let's say you were booked into the Plano detention facility), there is a good chance that the probation department would not be alerted to the arrest.

    On that note, most probationers must report to their probation officer anytime they are arrested, usually within a certain time period. Failure to report an arrest, even on a Class C misdemeanor, can be a basis for filing a motion to revoke probation (even if the charge itself would not have prompted a motion to revoke).

    Be honest - and have a good reason why you were driving.

    Good luck.

  3. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . It is possible, but not all that likely. Revocations generally occur for serious law violations, but at the same time driving with an invalid license is a violation fo the law and your probation terms. If questioned regarding it, be honest. If a motion to revoke is filed, be prepared to hire an attorney that can argue on your behalf. There are many persuasive arguments that can be made that probation should not be revoked for violations of this nature.

    Good luck to you.

  4. Juan Carlos Garcia Jr

    Contributor Level 15

    Answered . It is your probation officer's decision whether to file a probation violation petition against you in your situation. Receiving a new charge in a new case can usually be considered to be a violation of an individual's terms of probation. I would recommend hiring a criminal defense lawyer to defend you in this case. Good luck.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

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