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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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what happens if you violate your unsupervised probation Is

Customer Question

what happens if you violate your unsupervised probation? Is it guaranteed that your going to jail?! :-(
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question. What exactly were you on probation for? When did you get the ticket? Were you deserving of the ticket?
Customer: replied 7 years ago.
I live on Missouri I'm a United States Airmen of Whiteman AirForce Base. I was driving through Indiana to get to Cicinnatti to visit my girlfriend when I got pulled for speeding. I gave the officer who pulled me over and the judge a reason for why I was speeding; I told them that my girlfriend was sick and had been all day as we were texting back and forth my whole way to her house and before I finally started speedig that I had received a text from her saying that she might have to go to the Emergency room. Seeing thatshe was sick she wouldn't have been able to drive herself so at that point I was an hour and a half away so I sped up and I was clocked by a officer doing 98mph in a 70 . I was supposed to serve 2 months in Jail for reckless driving but it was downgraded to 2 months unsupervised probation. I took full responsibility for the severety of my actions. Now coming through Georgia on military leave to see my family for Christmas I got a ticket for speeding when I was clocked trying to pass into the fast lane. You have to speed up to pass a car! Do I have to go back 2 base and tell them I know have to serve 2 MONTHS in JAIL! I'm active duty!
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for the question.

First of all, do not panic. You are not guilty yet but you MUST retain an attorney who will try to defend you and remove this ticket--you will have to plead not guilty and have your attorney try to defend you. As a future point--if you are on probation, do not speed, even to pass a vehicle--go slower than traffic but do NOT speed.

If you lose this case, you WILL have to disclose it to your Base, and you will be jailed for two months. Before that happens, retain an attorney, explain your situation, and get a second opinion so you can set your mind at ease--he or she will most likely tell you the same thing as I am telling you. First try to dismiss this ticket and then consider disclosing it to your base.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 12/24/2009 at 8:29 AM EST
Customer: replied 7 years ago.
How do I try to "dismiss" the ticket?
Expert:  Dimitry K., Esq. replied 7 years ago.
You file a not guilty plea, and try to find cause that would either make the ticket invalid, either based on procedural grounds (meaning on whether the ticket was actually filled out correctly), or on substantive grounds (meaning on whether or not you actually committed the offense).

Good luck!

Edited by Dimitry Alexander Kaplun on 12/24/2009 at 8:38 AM EST
Customer: replied 7 years ago.

Oh so when you say try to have it dismissed you mean go to court and try to win the case.

Expert:  Dimitry K., Esq. replied 7 years ago.
Yes, exactly.

Edited by Dimitry Alexander Kaplun on 12/24/2009 at 8:44 AM EST
Customer: replied 7 years ago.
...This is the only way huh sir?
Expert:  Dimitry K., Esq. replied 7 years ago.
Yes it is.

If you pay the fine, you admit guilt. Then you do have to disclose it to the base, and you get charged with breaking probation, which sends you to jail.

Edited by Dimitry Alexander Kaplun on 12/24/2009 at 8:47 AM EST
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