Will a traffic ticket violate my probation?

When you’re placed on probation – either formal or informal, one of the typical terms is that you “violate no law”.  People often ask whether a traffic ticket will violate your probation.

 

In general, a traffic ticket will NOT violate your probation.

Under Penal Code section 19.8, an infraction is not grounds to violate your probation or parole.  There are a few exceptions though.  If your citation involved any of the following offenses, it could be the basis to violate your probation or parole:

Business & Professions (BP) Code 25658 – furnishing alcohol to a minor

BP 25658.5 – minor attempting to purchase alcohol

BP 25661 or 25662 – use of a fake ID to get alcohol or Minor in possession of alcohol “MIP”

Any drug charges under the Health & Safety Code

Vehicular manslaughter under Penal Code 191.5 or 192.5

Public intoxication (“Drunk in public”) under Penal Code 647(f)

Reckless driving under Vehicle Code 23103

“Wet reckless” under Vehicle Code 23103.5

Under 21 driving with 0.05% blood alcohol level under Vehicle Code 23140

and driving on a suspended license under Vehicle Code 14601.1

 

Even though those offenses are infractions, they are the exception and they can be used for the court to find you in violation of your probation.  If you’re on probation and get cited for any of those offenses, in addition to the punishment for the new ticket, you could also be in violation of your probation.  Any violation potentially subjects you to additional punishment for not following the terms of your probation.  If you are found in violation, the judge could sentence you up to the maximum for the original case.

To discuss your case, give me a call or send an email:

Joe Dane

714.532.3600

info@joedane.com

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