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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26851
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am curious as to what repercussions I may face in regards

Customer Question

I am curious as to what repercussions I may face in regards ***** ***** driving while suspended ticket I received in the state of Oregon. I am on probation for DUII. My license was reinstated however, I called the dmv and the court in which my case is out of and found out the court sanctioned my license for being 10 days late on my fine payment. This has since been paid up to date.With that being said, I have not yet received a notice in the mail since apparently the court suspended my license just a few days before I got my ticket. Ive never been in trouble while on probation. Could I be facing jail time ?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
You are, of course, required to inform probation of any new arrest. That does leave you vulnerable. My experience is that with these particular facts and a lawyer, however, you may be able to get your ticket dismissed, which would mean that probation would not violate you.
Otherwise probation can be hard to second guess. It has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements, more random alcohol tests) on the one extreme to house arrest or revoking probation outright on the other.
What they will do in your case if your ticket is not dismissed will depend on many factors, such as your personal and criminal background and history and the facts and circumstances of the underlying case, how well you've been getting along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble before (and how much of it).
What's key, however is whether probation is willing to keep working with you. I don't see why they would be unwilling to work with you any more because you paid a ticket 10 days late and got no notice that your license was suspended. But if you are violated and probation does want to revoke your probation and get you resentenced, you would have the right to a hearing. Your judge can overrule probation if he or she wishes to, so you should have a lawyer at your hearing who can make an argument for something less drastic than a revocation, such as house arrest.

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