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Early expungement and traffic ticket, any impact to probation terms?

San Jose, CA |

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.

corrections - Santa Clara County, cited for using cellphone while driving

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Attorney answers 5


Once your probation is terminated, it's over and done. It cannot be reinstated. So congratulations on your timing. As for the point value of a cell phone ticket, I don't know the answer off the top my head. I'm sure one of my colleagues here on AVVO will answer shortly.


If you have completed probation you cannot be violated, for any new offense. My experience had been am infraction would not generate a probation violation anyway. If you were cited for a violation of VC23123 does not carry any points unless the law has changed recently.


Once probation is terminated then the court has no jurisdiction over the case. It's over and no longer an issue.
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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


If, as you described, your probation is over. Regardless, it wouldn't have been violated by the infraction even if your probation was still active. Best of luck.

Jasen Nielsen


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.

Notwithstanding any language to the contrary, nothing contained in this answer constitutes legal advice, nor does it create an attorney-client relationship.

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