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traffic ticket while on probation

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Posted about 3 years ago

 

9 months into a one year term of unsupervisd pre trial diversion probation in the state of PA. Not had any problems with my probation to this point and have paid all my fines. Got a traffic ticket today for running a stop sign.  Have a clean driving record and not on probation for a driving related offense.  I notified my attorney who informed probation about this issue.   What are the chances they would revoke my probation for this?


 


Thanks for any advice im really worried about the issue

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Interesting first post. Contact them and axe.

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No idea. A citation for running a stop sign isn't going to get you violated in my neck of the woods. But I have no idea why you are on P&P, what your conditions are, or how strict your PO is. Your attorney is going to be your best source of advice/information....

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MH557 says ...



No idea. A citation for running a stop sign isn't going to get you violated in my neck of the woods. But I have no idea why you are on P&P, what your conditions are, or how strict you PO is. Your attorney is going to be your best source of advice/information....



Yep.


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Rate This | Posted about 3 years ago

 

My attorney says he does not expect any issues to arise but was not 100 percent sure on that issue

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MH557 says ...



No idea. A citation for running a stop sign isn't going to get you violated in my neck of the woods. But I have no idea why you are on P&P, what your conditions are, or how strict your PO is. Your attorney is going to be your best source of advice/information....



On pre trial diversion probation for a misdeamnor theft offense. For the record I was innocent of that charge not that it matters at this point.  Conditions are to have no contact with alleged victims and to not be arrested or convicted of a crime.

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jayinpa says ...



My attorney says he does not expect any issues to arise but was not 100 percent sure on that issue



Just relax. Wait and see.


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jayinpa says ...



MH557 says ...



No idea. A citation for running a stop sign isn't going to get you violated in my neck of the woods. But I have no idea why you are on P&P, what your conditions are, or how strict your PO is. Your attorney is going to be your best source of advice/information....



On pre trial diversion probation for a misdeamnor theft offense. For the record I was innocent of that charge not that it matters at this point.  Conditions are to have no contact with alleged victims and to not be arrested or convicted of a crime.



How can you be on pre trial diversion AND probation? And for the record, whether or not you were innocent doesn't matter anymore. You took a diversion/probation. You dunnit! But, in my opinion, you should be fine, just like your lawyer said.


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How can you be on pre trial diversion AND probation? And for the record, whether or not you were innocent doesn't matter anymore. You took a diversion/probation. You dunnit! But, in my opinion, you should be fine, just like your lawyer said.


Im on pretrial diversion not probation I use the terms interchangeably.  Also I would not say that I commited the crime because there is no conviction.  Once i complete pre trial diversion the case will be dismissed and I can expunge the arrest record. 

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P&P violations are generally for failing to abide by a simple set of guidelines, such as no alcohol consumption, no frequenting bars/casinos, no contact with other probationers, etc. You are also required to remain law abiding, and being charged with an arrestable offense means a quick trip to the pokey. I have never heard of someone being violated for running a stop sign.


Now if you blew through that stop sign at 100 mph, had an open container between your legs, were smoking a joint, and had a full Wal-Mart bag with no reciepts on the seat next to you, you're gonna have a problem...

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MH557 says ...



P&P violations are generally for failing to abide by a simple set of guidelines, such as no alcohol consumption, no frequenting bars/casinos, no contact with other probationers, etc. You are also required to remain law abiding, and being charged with an arrestable offense means a quick trip to the pokey. I have never heard of someone being violated for running a stop sign.



Now if you blew through that stop sign at 100 mph, had an open container between your legs, were smoking a joint, and had a full Wal-Mart bag with no reciepts on the seat next to you, you're gonna have a problem...


 


No other issue just allegedly running the stop sign.



 

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Rated +3 | Posted about 3 years ago

 

allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.


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Rate This | Posted about 3 years ago

 

Chances of being revoked for a simple running a stop sign. In my state , slim to none. Unless there is more, like driving under suspension.


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Cat_D says ...



Chances of being revoked for a simple running a stop sign. In my state , slim to none. Unless there is more, like driving under suspension.



Bump, same here. Although there always seems to be more than meets the eye to a story... To the OP, the insertion of the simple word "allegedly" automatically sends up red flags to a lot of LEOs, and that includes background investigators.

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Rate This | Posted about 3 years ago

 

I agree with Cat - simple traffic violations are not grounds for revocation in my state either. If it's not a criminal traffic offense, such as DUI, Driving on Revoked, Leaving the Scene, etc. you will probably not suffer any consequences. Additionally, don't steal. If you're innocent and it's some long story about you being with someone who stole something, blah blah blah...get better friends. Good luck!

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girlshapedlovedrug says ...



 Edited :


. Additionally, don't steal. If you're innocent and it's some long story about you being with someone who stole something, blah blah blah...get better friends. Good luck!



It's NEVER their fault is it? How many times a day do we hear this same old story?


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Romans_116 says ...



allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.



Yep, I thought the same thing when I saw the term "allegedly". But on the other hand, maybe Corrections would be a good setting for the OP. After all, everybody in jail/prison are innocent, wrongly accused, or had bad advice from their attorneys, etc. Sounds like the OP could relate to their predictaments.... 

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MH557 says ...



Romans_116 says ...



allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.



Yep, I thought the same thing when I saw the term "allegedly". But on the other hand, maybe Corrections would be a good setting for the OP. After all, everybody in jail/prison are innocent, wrongly accused, or had bad advice from their attorneys, etc. Sounds like the OP could relate to their predictaments.... 



PLEASE !!!! MH557, NOT ON OUR SIDE OF THE BARS !!!!!


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Rate This | Posted about 3 years ago

 

It depends on the terms of your probation. If it says you are not to get any traffic related charges, then you have a problem. If traffic is not listed a one ofthe terms of your probation, then it is not a problem.  In Colorado the probation agreement would usually say, no arrests, except traffic related matters.  This would not incluse misdemeanor traffic related offenses such as DUI, Reckless driving, or any other misdemeanor related traffic violation, becasue they are handled in a County Court and not traffic court.  Since a stop sign is an infraction offense in Colorado, it would not apply to your probation.  You would be fine.


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Rate This | Posted about 3 years ago

 

Well if everything your saying is on the up and up, you would not be violated. Motor vehicle and criminal charges are two seperate things in Jersey. However in Jeresy you would have to admit guilt to get probation. Not allegedly or maybe.

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The OP (jayinpa) says:  "9 months into a one year term of unsupervisd pre trial diversion probation in the state of PA. Not had any problems with my probation to this point and have paid all my fines. Got a traffic ticket today for running a stop sign.  Have a clean driving record and not on probation for a driving related offense.  I notified my attorney who informed probation about this issue.   What are the chances they would revoke my probation for this?"


"On pre trial diversion probation for a misdeamnor theft offense. For the record I was innocent of that charge not that it matters at this point.  Conditions are to have no contact with alleged victims and to not be arrested or convicted of a crime."


"No other issue just allegedly running the stop sign."


and


"Im on pretrial diversion not probation I use the terms interchangeably.  Also I would not say that I commited the crime because there is no conviction.  Once i complete pre trial diversion the case will be dismissed and I can expunge the arrest record." 


-----------------------------------------------------------------------------------------------------------------------------------------------------------


IF YOU ASK ME (and technically, jayinpa, YOU DID (not allegedly) since you posted your question)......... The O/P (jayinpa) is leaving out a lot of information, likes to skirt around issues by changing them to suit his immediate needs at the moment and sure does not like to accept responsibilities for his actions.  He (jayinpa) MUST be on some sort of probation terms, like "THE DEFENDANT SHALL OBEY ALL LAWS" or a simple traffic violation for anything would not be of any particular issue or concern to the O/P (jayinpa) to the point that he feels such an urgent need to (A) CONTACT HIS ATTORNEY ABOUT THE MATTER or (B) ASK THE QUESTION ON PL.


IN SHORT, PLAIN AND SIMPLE.......... THERE IS A LOT OF INFORMATION MISSING HERE AND I QUESTION THE INTEGRITY AND INTENTIONS OF THE O/P (jayinpa).

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Its probably time to pull your head out of your fourth point of contact and pay attention when driving.  You could've killed someone else not paying attention...

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Romans_116 says ...



allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.



I do not have a problem with accepting responsibility for my actions.  I have ceratinly made some mistakes in life.  I am taking the officer to court on the traffic violation and we will see what happens.   I do need to use the word allegedly because this is a public forum and I do not need to be admitting guilt on a public forum.


Ans yes I do understand that just because I wasan't convicted dosent mean I did not commit the crime. Good point today with the Casey Anthony verdict.  But a pre trial diversion IS not a guilty plea in the state of pa.  No plea was entered and after I complete probation it will be dismissed and expunged.   So you as an officer should know that just because someone is arrested does not mean they are guilty.  There has to be a finding of guilt which there is not in this case!

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jayinpa says ...



Romans_116 says ...



allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.



I do not have a problem with accepting responsibility for my actions.  I have ceratinly made some mistakes in life.  I am taking the officer to court on the traffic violation and we will see what happens.   I do need to use the word allegedly because this is a public forum and I do not need to be admitting guilt on a public forum.


Ans yes I do understand that just because I wasan't convicted dosent mean I did not commit the crime. Good point today with the Casey Anthony verdict.  But a pre trial diversion IS not a guilty plea in the state of pa.  No plea was entered and after I complete probation it will be dismissed and expunged.   So you as an officer should know that just because someone is arrested does not mean they are guilty.  There has to be a finding of guilt which there is not in this case!



Every LEO application I've ever seen asks something to the effect of "Have you ever been arrested or convicted of any crime?" So regardless of the semantics of being convicted/pre-trial diversion/probation/whatever, you were still arrested and charged with a crime.  It is still something you will have to reveal during a BI.


And just because a charge is expunged does not mean it never happened, just that the average lay person may not be able to locate it. It WILL show up during your BI. And not revealing said arrest would be an immediate DQ at most agencies. Run a search on here for similar threads relating to this issue. You may be surprised....

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Romans_116 says ...


Every LEO application I've ever seen asks something to the effect of "Have you ever been arrested or convicted of any crime?" So regardless of the semantics of being convicted/pre-trial diversion/probation/whatever, you were still arrested and charged with a crime.  It is still something you will have to reveal during a BI.

And just because a charge is expunged does not mean it never happened, just that the average lay person may not be able to locate it. It WILL show up during your BI. And not revealing said arrest would be an immediate DQ at most agencies. Run a search on here for similar threads relating to this issue. You may be surprised....


 


So when I reveal this arrest in my background investigation do you think I would have any hope of getting a job in law enforcement assuming everything else is okay?  I have good credit.  Good job references.  Prior law enforment experience as a corrections officer and im a U.S. Army veteran


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-----------------------------------------------------------------------------------------------------------------------------------------------------------



IF YOU ASK ME (and technically, jayinpa, YOU DID (not allegedly) since you posted your question)......... The O/P (jayinpa) is leaving out a lot of information, likes to skirt around issues by changing them to suit his immediate needs at the moment and sure does not like to accept responsibilities for his actions.  He (jayinpa) MUST be on some sort of probation terms, like "THE DEFENDANT SHALL OBEY ALL LAWS" or a simple traffic violation for anything would not be of any particular issue or concern to the O/P (jayinpa) to the point that he feels such an urgent need to (A) CONTACT HIS ATTORNEY ABOUT THE MATTER or (B) ASK THE QUESTION ON PL.


 


The terms of my probation are that im not be arrested or convicted of a crime.  Well I wasan't arrested for the running of the red light obviously and I have not been convicted as of yet so I dont think I would violate my terms of probation.  So does the conviction have to be for something you were arrested for to violate probation or would a conviction for running a stop sign be enough to violate probation?


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jayinpa says ...



-----------------------------------------------------------------------------------------------------------------------------------------------------------



IF YOU ASK ME (and technically, jayinpa, YOU DID (not allegedly) since you posted your question)......... The O/P (jayinpa) is leaving out a lot of information, likes to skirt around issues by changing them to suit his immediate needs at the moment and sure does not like to accept responsibilities for his actions.  He (jayinpa) MUST be on some sort of probation terms, like "THE DEFENDANT SHALL OBEY ALL LAWS" or a simple traffic violation for anything would not be of any particular issue or concern to the O/P (jayinpa) to the point that he feels such an urgent need to (A) CONTACT HIS ATTORNEY ABOUT THE MATTER or (B) ASK THE QUESTION ON PL.



 



The terms of my probation are that im not be arrested or convicted of a crime.  Well I wasan't arrested for the running of the red light obviously and I have not been convicted as of yet so I dont think I would violate my terms of probation.  So does the conviction have to be for something you were arrested for to violate probation or would a conviction for running a stop sign be enough to violate probation?



Ask your Probation Officer!!!!!!!!!



"Government's first duty is to protect the people, not run their lives." - Ronald Reagan

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jayinpa says ...



Romans_116 says ...



allegedly huh? It seems that you may have a problem with accepting responsibility for your actions. If you didn't run the stop sign, then take the officer to court. And let me school you on something else In case you didn't know, a pre trial diversion IS a guilty plea. Just because you weren't "convicted" doesn't mean you didn't commit the crime....ask O.J.  I hope you never plan on applying at law enforcement agencies with this kind of mindset because you will not make it very far. Take some responsibility for your actions.



I do not have a problem with accepting responsibility for my actions.  I have ceratinly made some mistakes in life.  I am taking the officer to court on the traffic violation and we will see what happens.   I do need to use the word allegedly because this is a public forum and I do not need to be admitting guilt on a public forum.


Ans yes I do understand that just because I wasan't convicted dosent mean I did not commit the crime. Good point today with the Casey Anthony verdict.  But a pre trial diversion IS not a guilty plea in the state of pa.  No plea was entered and after I complete probation it will be dismissed and expunged.   So you as an officer should know that just because someone is arrested does not mean they are guilty.  There has to be a finding of guilt which there is not in this case!



Ok then. Since I am wrong, check the Pennsylvania statutes on ARD (Accelerated Rehability Disposition) and tell me why is it that if you get arrested for a different charge, your pre trial diversion can be used as a PRIOR CONVICTION?? Expunged or not.  Tell me that. I would gladly give you the link if you need it.


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Rate This | Posted about 3 years ago

 

That would depend on your location.  How hardnosed your PO is and how the Judges are in your area.   If you live were in Queen Anne"s County Maryland, I would be telling you to pack your tooth brush.    Your attorney knows how the system works in your area. Do what he says and just wait and see how it plays out.    Good luck.

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Ok then. Since I am wrong, check the Pennsylvania statutes on ARD (Accelerated Rehability Disposition) and tell me why is it that if you get arrested for a different charge, your pre trial diversion can be used as a PRIOR CONVICTION?? Expunged or not.  Tell me that. I would gladly give you the link if you need it.


       It can be used for sentecing for a new charge.  This applies only to dui's not other offenses.  My Ard probation is not dui related.   And    by   the way this applies to anybody who is arrested it can be considered by the judge for sentencing on another charge even if you were not convicted.  There is a lower burden of proof at sentecing them there is at trial.    


    I think we are getting off on side issues though my question was simply  as follows-"9 months into a one year term of unsupervisd pre   trial diversion probation in the state of PA. Not had any problems with my probation to this point and have paid all my fines. Got a traffic ticket today for running a stop sign.  Have a clean driving record and not on probation for a driving related offense.  I notified my attorney who informed probation about this issue.   What are the chances they would revoke my probation for this?"

   

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