Traffic Law

Have Traffic Law Questions? Ask a Traffic Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Violation of probation for driving a car without an

Customer Question
Violation of probation for...

Violation of probation for driving a car without an interlock device. i had blown into my issued pocket breathalyzer 30 mins prior. i was pulled over for no front plate (in new york) and hen issued that ticket as well as the no interlock device ticket.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

I have an alternative sentence if i violate probation. 60 days in jail and 5 years probation. i had a scram bracelet june 14 and probation breached contract by having me wear it 10 more days than required. i not have a personal breathalyzer and interlock in my car. the car i was driving was for work and it is my first violation. i have not had any alcohol since sentenced, nor do i plan to. i had a work situation where a car had to get to a rally and i made a stupid mistake.

Lawyer's Assistant: Do you need to appear in court?

Probation just submitted the violation last week, i do not have a date as of yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My probation officer is fairly new and she is not very thorough and tells me that i am the least of her concern. she also went to the wrong address (after being to my apartment several times) and i was forced to reschedule due to her mistakes.

Submitted: 7 months ago.Category: Traffic Law
Show More
Show Less
Ask Your Own Traffic Law Question
Answered in 4 hours by:
11/27/2017
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago
CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 32,342
Experience: 10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Traffic Law Question
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

Good morning. I am sorry to hear about this. Can you please clarify for me what your question is?

Ask Your Own Traffic Law Question
Customer reply replied 7 months ago
basically, breach of contract. The State of NY breached contract because they didn't have my SCRAM bracelet off in time. I broke contract because I drove a car to a rally, got pulled over for no front plate and then issued a ticket for no interlock device. Honestly, I was in law school for a year before I went through a divorce and I have never seen such unprofessional conduct by a department (Particularly my probation officer). i currently work as an operations manager of a car fleet. I do not drive them, I am in charge of the company, and it is very frustrating how they broke contract, she advised me that everything would be ok after the interlock ticket, and then she banged me with a violation and I have a plea sentence agreement for 60 days in jail and 5 yr probation. I have done everything else correct and i have low into my device 4 times a day. i just want to know if there are any loop wholes that i can use to my advantage.
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

I just want to make sure I understand your argument. You first talked about the interlock device which was required but not in the car and are also talking about a SCRAM bracelet.

Ask Your Own Traffic Law Question
Customer reply replied 7 months ago
nevermind. This clearly isn't going anywhere. It is the overall picture, you should know that.
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

I understand what you are sharing but the issue is the violation and not having the device in your vehicle. In order to avoid jail, you need to have a defense or legal basis, for which this was not present. The fact that the SCRAM bracelet was not taken off in time, is not a defense to what you are charged with. Had they tried to violate you for that and the time had passed, it would be relevant but in this case, one thing is not related to another, for a defense.

Ask Your Own Traffic Law Question
Traffic Lawyer: CriminalDefense, Attorney replied 7 months ago

A defendant can not argue that a separate issue and problem they had, justifies and excuses the current violation when they are not related.

Ask Your Own Traffic Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a traffic lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 565
565 Satisfied Customers
Experience: Private practice

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Attorney

565 satisfied customers

Private practice

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

532 satisfied customers

Run my own practice.

LawTalk

LawTalk

Attorney

359 satisfied customers

I have 30 years experience in the practice of law, including representation of clients in Traffic Court.

Marsha411JD

Marsha411JD

Lawyer

358 satisfied customers

Licensed Attorney with 29 yrs. exp. with Traffic Law issues

SoloLawyer

SoloLawyer

Attorney

173 satisfied customers

I help clients deal with traffic tickets on a weekly basis.

Barrister

Barrister

Attorney

160 satisfied customers

Attorney with over 17 years experience

S. Huband, Esq.

S. Huband, Esq.

Attorney

147 satisfied customers

Experienced, and knowledgeable attorney.

< Previous | Next >

Related Traffic Law Questions
My license was reinstated by penndot in 5/2015; I was
Hi my license was reinstated by penndot in 5/2015; I was disabled and unable to commence reinstatement until 6/2016. In PA they basically set one up to screw up per say. The day before my IILD was sch… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
576 satisfied customers
I was arrested for dui in 3913 and mandated to instakk ab
i was arrested for dui in 3913 and mandated to instakk ab iterlock device in my carm which I did. seven months later I bought a bew car and did not have the oooortunity to transfer over and in the int… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
If someone gets a DUI for driving under the influence of a
Hi If someone gets a DUI for driving under the influence of a controlled substance loses their license to drive can they be forced to install a breathalyzer if they are caught driving without a licens… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,040 satisfied customers
I am currently serving a 3 year probation and driver
Hello, I am currently serving a 3 year probation and driver restricted interlock device. I am allowed per my probation dept. to drive work vehicles. I was using the map on my phone today to get to the… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have an ignition interlock on my vehicle. Tonight I went
Hi, my name is***** have an ignition interlock on my vehicle. Tonight I went out an blew in it to start and passed .000, while I was waiting for the vehicle to warm up I used my windshield wiper prett… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
If a driver has an anti-lock device restriction on their DL
If a driver has an anti-lock device restriction on their DL and they are the driver in a collision that was the fault of the other driver what are the ramifications if the accident is turned in for cl… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Got a ticket in Ohio while driving on suspended licence from
Got a ticket in Ohio while driving on suspended licence from Virginia? What is most likely to come of this? I am thinking about hiring a lawyer… read more
CriminalDefense
CriminalDefense
Attorney
32,342 satisfied customers
I was pulled over for driving without an ignition interlock
I was pulled over for driving without an ignition interlock in my car. I have a ticket and a court date for January. The reason I was driving another car is because the Ignition interlock drained and … read more
CriminalDefense
CriminalDefense
Attorney
32,342 satisfied customers
I was pulled over and cited for speeding in Colorado. I was
I was pulled over and cited for speeding in Colorado. I was driving my wife's car which does not have an Interlock device but was not cited for Driving without an interlock device. I have about 3 mont… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Hello , I am on my second DUI . was driving with a suspended
Hello , I am on my second DUI . was driving with a suspended license an just got puller over yesterday . The officer did not arrest me . My question is what will the DMW do ? I do have the interlock d… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have an interlock device installed in my car. On Feb 13 I
I have an interlock device installed in my car. On Feb 13 I started my car and began driving. I was prompted for a rolling retest and to my surprise I failed. The car started going crazy honking and f… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
My son who is 21 received his first DUI (failed breathalizer
My son who is 21 received his first DUI (failed breathalizer after being pulled over for speeding) in SF, CA. He has an outstanding moving violation (ran a stop sign, caught on video), and there was a… read more
traffic77777
traffic77777
336 satisfied customers
I am on probation for a DUI in Colorado. I was recently caught
I am on probation for a DUI in Colorado. I was recently caught speeding and was given a speeding ticket. What should I do and what would be the best course of action for me?… read more
Ely
Ely
Attorney
565 satisfied customers
My former daughter-in-law, who shares joint custody of their
My former daughter-in-law, who shares joint custody of their three children with our son, was arrested for dwi with all three children in the vehicle with her. Family court temporarily left the curren… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
State of MN question...I have three old duis on my record.
State of MN question...I have three old dui's on my record. The last one occured in Oct of 2003, and since that time I have maintained a clean record along with complete sobriety. I have not driven si… read more
CriminalDefense
CriminalDefense
Attorney
32,342 satisfied customers
Hi! I have another question for you. In Oct, 2009, I had gotten
Hi! I have another question for you. In Oct, 2009, I had gotten a dui. And it was not for drinking. I do not drink. Anyways, I sprained my elbow the night before and I drove 40 minutes to my mom's hou… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
My license was suspended last year for 2nd DUI, and I was pulled
My license was suspended last year for 2nd DUI, and I was pulled over today for driving with suspended license and also lying about my identity, what is the penalty and fine? I am in California and I … read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x