Criminal Law

Ask a Criminal Law Question, Get an Answer ASAP!

Have your own Criminal Law question?

5 Lawyers are Online Now

characters left:

Not a Criminal Law Question?

Question

I was arrested in October for DUI. I had no priors. I pled guilty and luckily, the charge was reduced to Reckless driving. I was even more lucky to keep my license, but was put on probation for one year under special conditions (no alcohol consumption, possession, distribution, etc.) I paid all the fines/costs, and attended and completed the Alcohol Awareness Program as directed by my probation officer. I am required to send him a letter once a month to keep him apprised of any changes in address, employment, any contact with police, etc. Last week, I was pulled over for not wearing my seatbelt. The officer was kind enough to give me a verbal warning and no ticket was issued. I realize that in my next letter I need to notify my probation officer of this occurance with the seatbelt infraction, and of course, I will. Could this incident result in revocation of my probation? Looking for peace of mind. Thanks.

Submitted: 282 days and 23 hours ago.

Category: Criminal Law

Value: $30

Status: CLOSED

Posted by N Cal Attorney 282 days and 22 hours ago.

Answer

If no ticket was issued, there is no record and oyu were ot charge with or convicted of anything.

In some states an arrest not followed by charges is deemed a detention only and need not be disclosed. I don't know what State you are in but I cannot imagine someone's probation being revoked for getting a seat belt warning.

282 days and 21 hours ago.

Reply

Yeah, I knew there was no record if no ticket was issued. However, if an officer pulls someone over and then runs their license, there is record of that (at least I've heard from several reliable sources). I suspect that failure to disclose information regarding contact with police or law enforcement would land me in more trouble than admitting to the seat belt warning. Wouldn't you agree?

I live in Kentucky.... I was arrested for DUI in Indiana..... 180 days in Jail suspended for one year on the terms that I meet my probation requirements. Dumbest thing I've ever done in my life, but haven't had a sip of alchohol since that night. Along with the DUI I was also charged with...........Seat belt infraction. It was dismissed in court after my DUI charge was amended to reckless driving. Thankfully, I had a really good attorney. His parting comment that day was 'There is a thin line between stupidity and luck and you managed to stand with your feet on both sides of it'. I humbly agreed.

Accepted Answer

I agree the safest thing is to disclose to the PO that you got a seat belt warning, but I do not think they can revoke probation for getting a warning.

Accepts:
Expert:	N Cal Attorney
Pos. Feedback:	98.0 %
Answered:	2/13/2009

Lawyer

Since 1983

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.